28/09/2023, 14:44 Barilaro v Google LLC [2022] FCA 650 30 The video then attacks the Premier on Mr Shanks’ koala killer theme, displaying a photoshopped image of Ms Berejiklian’s head looking at the superimposed heads of Mr Barilaro next to Mr Shanks. Mr Shanks reads the caption “I’m seeing double here, four wogs!” and then reads typed quotes in a parodied Italian accent from Mr Barilaro that appear on screen in which he denounced Mr Shanks’ racism and offensive conduct. 31 At the end of the video, Mr Shanks tells viewers that Friendlyjordies has printed a second set of limited edition Super Barilaro Bruz tee-shirts costing $40 and promotes their sale, before inviting them to share and comment on the video. 32 As I will describe, Mr Shanks’ publications of the matters complained of and other YouTube videos criticising Mr Barilaro provoked thousands of abusive, denigratory statements in response to Mr Shanks’ usual sign off inviting comments from his viewers. THE BRUZ VIDEO 33 The first of the matters complained of is the bruz video. I have attached a transcript of the bruz video annexed to the statement of claim as annexure A to these reasons. The words in italics in annexure A appear onscreen as the bruz video plays. 34 However, the transcript does not convey the many skilful visual, aural and animated depictions that form part of the bruz video. The presentation, as with other videos that Mr Shanks and his “friendlyjordies” production house published that are in evidence, appears to be professionally produced. Mr Shanks speaks both eloquently and with numerous, apparently well mimicked voices and accents. No doubt his presentational scripting and writing skills, and those of the persons involved in these productions, have enabled him to build a very large online following. Each video asked the viewer to post comments, usually at its conclusion, and thousands did. 35 At the commencement of the bruz video, par 3 attributes Mr Barilaro’s denunciation of Mr Shanks’ earlier “racist behaviour” towards Ms Berejiklian to a report by News Corporation, the publisher of The Daily Telegraph. Mr Shanks then portrays Mr Barilaro as a parody or meme of the well-known Nintendo video game characters, the Mario Bros or Super Mario Bros, Mario and his brother, Luigi. Mr Shanks mocks Mr Barilaro before telling the viewer, as he is lying in a bath with a cigar in his hand, that “we’re not here to talk about my big fat wog cock, we’re here to talk about another big fat wog cock” and then the word “bruz” appears on the screen (pars 11, 12). Mr Shanks then uses an Italian accent to imitate the statements made by a photoshopped head of Mr Barilaro atop a The Simpsons cartoon body to mock him before telling viewers https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca0650 11/101

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