Former NSW second-in-command John Barilaro has been locked in a court battle with comedian Jordan Shanks and tech giant Google over defamatory YouTube videos. Source: Wikimedia Commons
Former NSW Deputy Premier John Barilaro has received $715,000 in landmark defamation damages against tech giant Google over two YouTube videos that the company refused to take down.
After settling the videos with comedian FriendlyJordies (real name Jordan Shanks) last year, Mr Barilaro sued Google in the Federal Court over the platform’s failure to remove the sketch videos, which were published in September and October 2020.
The videos were found to have been a “relentless and vicious campaign” to attack the recently retired Mr Barilaro’s character and integrity, leaving him “traumatised” after the comedian portrayed him as a corrupt conman and referenced his Italian heritage in a racist manner.
Google initially attempted to defend the case after the original dispute between Mr Shanks and Mr Barilaro was settled for an apology and removal of the offensive content, but gradually abandoned all its legal defences.
“You’ve got to be either courageous or stupid to take on Google, maybe it’s a bit of both,” Mr Barilaro said outside court.
“All I ever wanted was an apology, it’s why we settled with Jordan Shanks.
“He was prepared to apologise; it was never about money.
“It was about an apology, removal.”
Justice Steven Rares found the tech giant liable in failing to apply its own policies on preventing hate speech, cyberbullying and harassment.
Google also was at a loss to explain why it left the “racist attacks” on YouTube after the original complaint was made in late 2020.
The company blatantly refused to delete the videos.
Justice Rares referred the conduct of Google and Mr Shanks to the Principal Registrar to consider whether further legal proceedings could be taken against them for what he considered to be serious contempts of court.
Mr Barilaro’s legal team was also targeted in a series of bizarre attacks from Mr Shanks on his YouTube channel whilst the case was ongoing, attacking their professional integrity “without factual or intelligible basis”, according to the judge.
“This was a splenetic and vindictive attack … calculated to bring improper pressure to intimidate each of them from continuing to act for Mr Barilaro,” he concluded.
Mr Barilaro served as NSW’s second-in-command under three Premiers before resigning in October last year, saying “it’s the right time for me to hand the reins over”.
He also cited the defamation case as one of the reasons for his resignation.
