28/09/2023, 14:44 Barilaro v Google LLC [2022] FCA 650 FEDERAL COURT OF AUSTRALIA Barilaro v Google LLC [2022] FCA 650 File number(s): NSD 484 of 2021 Judgment of: RARES J Date of judgment: 6 June 2022 Catchwords: DEFAMATION – where matters complained of were videos uploaded on YouTube – where respondent became liable as publisher after being notified of their defamatory content – where respondent belatedly abandoned all defences – where respondent had no belief in truth of matters complained of or imputations – where respondent failed to take down matters complained of and other videos uploaded by creator knowing that they contained defamatory and offensive attacks on applicant and his lawyers – where matters complained of contained racist, hate speech and cyber-bullying material – where matters complained of were part of creator / former respondent’s campaign using multiple videos uploaded on YouTube against applicant – where applicant former Deputy Premier of New South Wales – where respondent’s campaign drove applicant prematurely from public office DEFAMATION – where creator uploaded matters complained of on YouTube before respondent became aware of them so as to be publisher – where many views of matters complained of in period before respondent became liable as publisher – whether damages discounted because of earlier publications when respondent not publisher DAMAGES – compensatory and aggravated damages – where defamation a most serious case – where matters complained of were racist, hate speech and cyber-bullying – whether publisher’s conduct improper, unjustifiable or lacking in bona fides – where respondent published and failed to take down further racist, hate speech and cyber-bullying videos in campaign against applicant despite maintaining that it had policies against such publications – where publisher persisted in hopeless defences until commencement of trial – where publisher failed to apologise – whether cross-examination of applicant unjustifiable – Held: aggravated damages awarded CONTEMPT OF COURT – contempt not in the face of Court – where respondent and former respondent published videos calculated to bring improper pressure to bear on applicant and his lawyers to abandon proceeding Legislation: Evidence Act 1995 (Cth) ss 8 and 56 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG 37M and 37N Racial Discrimination Act 1975 (Cth) ss 7, 18, 18C and 18D Federal Court Rules 2011 rr 10.42 and 10.43 Defamation Act 2005 (NSW) ss 10A, 12A, 25, 29A, 30, 31, 34, 35 https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca0650 1/101