28/09/2023, 14:44 Barilaro v Google LLC [2022] FCA 650 And that’s exactly what I did. I called out racism, and we gave the response to James O’Doherty [of] the Telegraph and, the day after, he printed the story with my comments. 24 The Daily Mail also reported on this issue in an article posted on 22 June 2020. It noted that Mr Shanks had posted a YouTube video that had been viewed more than 204,000 times in which, the article stated, he “used a heavily exaggerated Italian accent when impersonating both politicians, before calling the deputy premier a ‘triggered little bitch’”. The article reported that Mr Barilaro had taken offence to that video on behalf of the then-Premier and quoted him as saying: I don’t mind taking the mickey out of myself, but this is actually very offensive. It’s a low attempt at comedy and full of racist undertones. 25 Mr Barilaro told The Daily Telegraph: To imitate both myself and the Premier with such obvious distaste for our backgrounds is unacceptable. Our migrant story is actually the Australian success story, one this nation is proud of. 26 The article noted that as at June 2020, friendlyjordies had 420,000 YouTube subscribers. It also said that Mr Shanks had told his viewers to post his nickname for the Premier, #koalakiller, on every update she posted on social media until she was “booted out of office” because “we also live in the age of Twitter pile-ons”. The Koalakiller 2 video 27 On 13 July 2020, Mr Shanks uploaded to YouTube a video entitled “#KoalaKiller 2.0 Meme Review” (the KoalaKiller 2 video). 28 Mr Shanks tells viewers that his campaign against Ms Berejiklian and Mr Barilaro will involve this: “we are going to come up with memes to push the nicknames that we know for a fact now you don’t like” while showing pictures of her and Mr Barilaro with the expressions “#KoalaKiller” and “Super Barilaro Bruz” superimposed on their photos. 29 He then says that if the viewer needs more context, he or she can look at earlier videos, including one that appears to be his response to being called out for racism by Mr Barilaro. He then displays and reads a rewritten Wikipedia entry for Mr Barilaro which refers to him as “Bruz Barilaro” and states “His preferred name is ‘Bruz’ and his favourite video game is Super Mario”. Mr Shanks then expatiates on what he calls “Italian food related memes”. The video super imposes Mr Barilaro’s face over frames with a character from an episode of The Simpsons which Mr Shanks describes as “Jesus, see, his face fits on the fat Cayman Islands guy more than the fat Cayman Islands guy’s face actually does” before he reads, with bursts of laughter, the captions on the frames below in a mimicked Italian accent reminiscent of Marlon Brando’s voice as Don Corleone, the Mafia boss, in the film The Godfather: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca0650 10/101

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