28/09/2023, 14:44
Barilaro v Google LLC [2022] FCA 650
42 Mr Shanks tells the viewer that this is the Deputy Premier adding disparagingly “Oh fuck, that’s tasty.
Migrant success story! Obviously he’s trying to spin his pork-barrelling as John Barilaro AKA Greasy Ned
Kelly” (emphasis added) captioned with a photoshopped image of him with Ned Kelly’s metal helmet (pars
56–61). The epithet “greasy” was racist.
43 However, the viewer would not have been able to see detail of the two screenshots dealing with the royal
commission issue and relate them to Mr Shanks’ unfounded assertions that Mr Barilaro acted corruptly or
broke a promise. First, there was no indication in the bruz video of what could be categorised as “corrupt�� in
this episode and, secondly, the newspaper screenshot stated that Mr Barilaro supported a federal, not a State,
royal commission.
44 The bruz video proceeds to discuss the approval process under the New South Wales Government’s Go
Equity Fund in respect of two investments, Australia’s Oyster Coast (par 70) and Stone Axe Pastoral, a
wagyu beef company (par 80). Mr Shanks described Mr Barilaro as “a man who looks like a Mafia don” and
parodies his voice again with an adaptation of the invitation to viewers to post comments that usually appears
at the end of his videos, namely 2 photoshopped images of the heads of television presenter, David Koch, as a
turtle and President of the United States of America, George W Bush, riding a horse. The adaption here was
to superimpose, on the horse rider, Mr Barilaro’s head wearing a Mario Bros baseball cap. Mr Shanks then
states what formed the basis for imputations 9(b) and (c) accompanied by several screenshots (pars 74–78):
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