28/09/2023, 14:44 Barilaro v Google LLC [2022] FCA 650 (pars 13–16) “Bruzamia! He’s a conman to the core, powered by spaghetti”. Mr Shanks then tells viewers that he intends to upset Mr Barilaro by referring to him as “Giovanni” and relapses into the parodied Italian accent to mock Mr Barilaro before calling him (par 24) “you ball of grease”. 36 Next, Mr Shanks criticises Mr Barilaro’s absence in London on holiday during the late 2019 bushfires before using a photoshopped image of Mr Barilaro’s head on a depiction of a man next to a lyre as an adjacent city burns below him, saying “Looks like the Julio-Claudians weren’t wiped out after all”. The allusion is to the Emperor Nero fiddling while Rome burns (par 39). 37 Mr Shanks then tells the viewers that he is now focussed on “water theft” and displays a screen shot of the headline “Barilaro’s backing of Federal Murray-Darling Basin royal commission muddies waters” (emphasis added) and the first two paragraphs of an article that appeared in The Sydney Morning Herald on 31 January 2019. The screenshot remained visible for only four seconds (pars 42–52). 38 Next, there appears a screenshot of a post made on 8 August 2019 by the Shooters and Fishers Party. The post quotes that party’s Helen Dalton MP, condemning what she terms as Mr Barilaro’s “rank hypocrisy”. In a feat of twisted (il)logic, Mr Shanks tells the viewer “seriously though, I think he’s corrupt” because he did not vote to support a royal commission. This segment (pars 42–52) clearly conveyed imputation 9(e). 39 Then, the bruz video presents the viewer with a screenshot of the tweet that Mr Barilaro sent Ms Dalton, 8 months earlier on 4 May 2020. Again, this tweet appears for about three seconds (at pars 47–49). Mr Shanks presents the tweet as if it were a direct response to Ms Dalton’s statement made 8 months earlier, before telling the viewers (par 50) “I told you he was a dumb fuck. It was like a caveman wrote that tweet” before reading it in a parodied Italian accent. 40 The video then presents a screen shot with a headline from The Northern Daily Leader published on 25 May 2020 about Mr Barilaro defending allegations that he and the former Arts Minister had used favouritism to allocate regional cultural funds being “pork-barrelling” before quoting Mr Barilaro responding to the criticism “when we do, its pork-barrelling. Well my name is John Barilaro. Call me Pork-Barilaro and I have no apology, because at the end of the day I will stand up and fight for our communities” (yellow highlight in original video). Mr Shanks asserts that “he wears his corruption as a badge of honour”. 41 Then, the bruz video compares Mr Barilaro with the Mario Bros game, juxtaposed with his Italian heritage, images of the game, him and other persons eating spaghetti by the mouth from plates with hands behind their backs in a spaghetti eating competition with a superimposed Super Mario cap. The screenshot below refers to Mr Barilaro’s June 2020 criticism of Mr Shanks’ racist comments: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca0650 12/101

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