SYDNEY: An Australian court on Monday ordered Google to pay a former lawmaker A$715,000 ($515,000), saying its refusal to remove a YouTuber's "relentless, racist, vilificatory, abusive and defamatory" videos drove him out of politics.
The Federal Court found the Alphabet Inc GOOGL.O company intentionally made money by hosting two videos on its YouTube website attacking the then-deputy premier of New South Wales, Australia's most populous state, that have been viewed nearly 800,000 times since being posted in 2020.
The ruling revives the question of how much culpability technology firms have for defamation conveyed by users on their websites in Australia, one of few Western nations where online platforms have the same legal responsibility as publishers.
Australia is reviewing what legal exposure platforms should have for defamatory posts. A landmark case in 2021, where a newspaper was found liable for defamatory reader comments below an article posted on Facebook, drove global firms to reduce their social media presence in the country.
The judgment showed Google had denied the videos carried defamatory imputations, and said the YouTuber had the right to an honestly held opinion and should be protected by the right to criticise a politician.
A Google spokesperson was not available for comment.
"They (Google) were advised that those defamatory videos were there, they looked into it, they decided for themselves that they weren't, and left them up," said Prof David Rolph, a specialist in media law at the University of Sydney Law School.
"That's an orthodox application of the basic principles of publication in defamation law (but) leaves the larger question about whether we need to reform the principles of publication."
HATE SPEECH
The court heard that content creator Jordan Shanks uploaded videos in which he repeatedly brands lawmaker John Barilaro "corrupt" without citing credible evidence, and calls him names attacking his Italian heritage which the judge, Steve Rares, said amounted to "nothing less than hate speech".
By continuing to publish the content, Rares said Google breached its own policies aimed at protecting public figures from being unfairly targeted, and "drove Mr Barilaro prematurely from his chosen service in public life and traumatised him significantly."
Barilaro quit politics a year after Shanks posted the videos, and "Google cannot escape its liability for the substantial damage that Mr Shanks' campaign caused," Rares said.
Shanks, who has 625,000 YouTube subscribers and 346,000 followers on Meta Platforms Inc's FB.O Facebook, was a co-defendant until a settlement with Barilaro last year which involved the YouTuber editing the videos and paying the former politician A$100,000.
But Shanks "needed YouTube to disseminate his poison (and) Google was willing to join Mr Shanks in doing so to earn revenue as part of its business model," the judge said.
Before the lawsuit was resolved, Shanks continued to make disparaging comments about Barilaro and his lawyers in YouTube videos, and the judge said he would refer him and Google to the authorities "for what appear to be serious contempts of court by bringing improper pressure ... not to pursue this proceeding".
In a Facebook post after the ruling, Shanks, who goes by the handle friendlyjordies, mocked Barilaro, saying "you finally scored the coin from Google ... without ever having the truth tested in court".
Shanks added, without evidence, that Barilaro "withdrew (his) action against us so we wouldn't testify or present our evidence" in support of the YouTuber's claims.
Barilaro told reporters outside the courthouse that he felt "cleared and vindicated".
"It was never about money," he said. "It was about an apology, removal. Of course, now an apology is worthless after the campaign has continued. It's taken a court to force Google's hand."
($1 = 1.3883 Australian dollars)
Reuters
Mon Jun 06 2022
Google logo and Australian flag are displayed in this illustration taken, Feb. 18, 2021. REUTERS/Dado Ruvic/Illustration/File Photo
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.