Anti-Defamation Archives | Anti-Racism & Anti-Defamation Alliance

NSW to review defamation laws as social media claims soar

on: March 22, 2018

NSW to review defamation laws as social media claims soar

The NSW government has committed to a review of defamation laws after a top defamation judge called for an urgent and comprehensive overhaul to reflect the rise of social media cases and the challenges posed by online publications.

Judge Judith Gibson, who runs the defamation list in the NSW District Court, said two-thirds of cases now involved the internet and existing defamation laws were “out of sync” with technology. The failure of successive governments to review the laws was “unacceptable”, she said.

Judge Gibson said Rebel Wilson-style defamation cases involving “typical tabloid excess” and large media companies were now the exception and “increasingly what we’re seeing is attacks on people on social media” by private citizens.

Those cases posed a range of difficulties for existing defamation laws, including that available remedies were often ineffective when defendants were “anonymous … or penniless”.

Defences aimed at traditional media reports may also be “of questionable use in relation to internet and social media publications”, Judge Gibson said in a paper delivered at a University of NSW seminar.

NSW Attorney-General Mark Speakman told Fairfax Media “the impact of the developing technological environment on defamation law is an area of particular interest to me”.

He said NSW was “committed to ensuring that defamation law is reviewed in light of technological change” and the government “intends to complete a review of defamation law”.

Rebel Wilson spent more than $1.4m fighting defamation case, court told

on: March 19, 2018

Rebel Wilson spent more than $1.4m fighting defamation case, court told

The Hollywood actor Rebel Wilson spent more than $1.4m fighting her high-profile defamation case, her lawyer has told a Melbourne court.

The Pitch Perfect actor is now fighting to have most of those costs repaid by Bauer Media, which defamed her in a series of articles published in 2015.

It was revealed in the supreme court of Victoria on Thursday that Wilson spent well in excess of $1m over the 22-day trial, which was held in June. The court was also told that Wilson’s high-profile barrister Matthew Collins cost $9,900 a day, including GST.

It is expected she will have at least 80% of those costs repaid by Bauer but Wilson is seeking more.

Her barrister Renee Enbom argued that Justice John Dixon made an order on costs rather than have the matter go to a dedicated costs court.

She said Wilson and Bauer Media were arguing over a difference of between $100,000 and $200,000.

Dixon previously found that Bauer had relied on “hopeless”, or unwinnable defences during the trial, purely to keep Wilson “worried all the way to verdict”.

Enbom argued that was an “improper motivation” and the matter of costs should be decided by the trial judge as a result.

The Gaslamp Killer’s Defamation Lawsuit Against One Rape Accuser Thrown Out

on: March 17, 2018

The Gaslamp Killer’s Defamation Lawsuit Against One Rape Accuser Thrown Out

In October, the Los Angeles beat producer and DJ William Benjamin Bensussen, who records music under the name the Gaslamp Killer, was accused of drugging and raping two women at a party in 2013. Bensussen denied the allegations, claiming that he had a consensual sexual encounter with the two women after they propositioned him, and a month later, he filed defamation lawsuits against both accusers.

Now, as Pitchfork reports out, one of those suits has been thrown out by a Los Angeles Superior Court judge, who cited RaeAn Medina’s anti-SLAPP motion against him. (SLAPPs are “strategic lawsuit against public participation,” baseless lawsuits used to silence and harass critics.)

The other accuser, Chelsea Tadros, also filed an anti-SLAPP motion to strike the defamation suit against her, but the court denied her motion. Tadros’ attorneys have issued the following statement in response to the ruling:

Craig McLachlan is ‘victim blaming’ in defamation case, defence says

on: March 15, 2018

Craig McLachlan is ‘victim blaming’ in defamation case, defence says

Gold Logie winner suing Christie Whelan Browne, Fairfax Media and ABC over reports of alleged sexual assault.

Lawyers for the actor Craig McLachlan are “victim blaming” his former co-star, who has accused him of sexual harassment, a New South Wales court has heard.

The Gold Logie winner is suing Christie Whelan Browne, Fairfax Media and the ABC for defamation after they published Whelan Browne’s claims that he indecently assaulted and bullied several former colleagues.

McLachlan’s statement of claim asserts that his harm was aggravated by the “dishonesty” of Whelan Browne, who said she was offended by his alleged indecent assault despite her regularly posting lewd comments on social media.

Justice minister mum on defamation suit filed by St. John’s lawyer

on: March 13, 2018

Justice minister mum on defamation suit filed by St. John’s lawyer

Justice Minister Andrew Parsons has chosen to stay quiet about the defamation suit that has been filed against him, the department and three other cabinet ministers.

“I’m certainly not going to … make any further comment on that,” Parsons told reporters Monday afternoon following question period at the House of Assembly in St. John’s.

“Anything else I say can be used in that court, so I think at this point we’re just going to continue on the normal course of business and just let it play out in the courts.”

The defamation suit was filed Friday at Newfoundland and Labrador Supreme Court by well-known St. John’s lawyer Bob Buckingham.

The statement of claim pleads that Parsons, Chris Mitchelmore, minister of tourism, culture, industry and innovation, Education Minister Dale Kirby and Service NL Minister Sherry Gambin-Walsh, in interviews with members of the media, rebroadcast and published defamatory comments that were “malicious and high-handed.”

The comments were allegedly made following the government’s decision to make changes to the Legal Aid Act, which would remove a legal aid client’s option to choose a private practice lawyer. In particular, at issue is Parsons’ statement, “Buckingham is motivated by his own self interest and taxpayer dollars going into his pocket.”

Buckingham claims the other ministers supported Parsons’ comments through various forms of media and social media.

Leonardo DiCaprio Attacked in Defamation Lawsuit for Not Doing Enough Character Research

on: March 11, 2018

Leonardo DiCaprio Attacked in Defamation Lawsuit for Not Doing Enough Character Research

In his legal action over ‘The Wolf of Wall Street,’ former Stratton Oakmont executive Andrew Greene submits depositions from DiCaprio, Martin Scorsese and screenwriter Terence Winter.

This is a legally hazardous time for movies and television shows that are loosely based on true events. Several lawsuits concerning fictionalized history are in the advanced stages with forthcoming decisions primed to articulate First Amendment principles and possibly set boundaries for filmmakers.

One case concerns The Wolf of Wall Street, the Oscar-nominated 2013 film directed by Martin Scorsese and starring Leonardo DiCaprio as convicted stockbroker Jordan Belfort. The production companies associated with the movie — including Paramount Pictures, Red Granite Pictures, Scorsese’s Sikelia Productions and DiCaprio’s Appian Way Productions — are being sued by Andrew Greene, who in the mid-1990s was general counsel at Belfort’s former firm Stratton Oakmont.

Greene contends in his lawsuit that he was the basis for the character of Nicky “Rugrat” Koskoff and was “portrayed as a criminal, drug user, degenerate, depraved, and/or devoid of any morality or ethics.”

In October 2015, U.S. District Judge Joanna Seybert rejected Greene’s privacy claim, but allowed the defamation claim to survive with the note that Greene would have some work to do in order to eventually prevail in the case. Specifically, Greene would have to establish that the producers were grossly negligent when it came to whatever was false about Koskoff in the movie.

St. John’s lawyer suing N.L. government, ministers for defamation

on: March 10, 2018

St. John’s lawyer suing N.L. government, ministers for defamation

Bob Buckingham says comments made about him were ‘malicious and high-handed’

Well-known St. John’s lawyer Bob Buckingham is suing the province’s Department of Justice and Public Safety, as well, as four cabinet ministers, for defamation.

Buckingham filed a statement of claim at Newfoundland Supreme Court Friday, naming the justice department, along with Justice Minister Andrew Parsons, Chris Mitchelmore, minister of tourism, culture, industry and innovation, Education Minister Dale Kirby and Service NL Minister Sherry Gambin-Walsh, as defendants.

The statement of claim pleads that the cabinet ministers, in interviews with members of the media, rebroadcast and published defamatory comments, which were, “malicious and high-handed.”

The comments were allegedly made following government’s decision to make changes to the Legal Aid Act, which would remove a legal aid client’s option to choose a private practice lawyer. In particular, at issue is Parsons’ statement: “Buckingham is motivated by his own self interest and taxpayer dollars going into his pocket.”

The document states that Buckingham, “states the words contained an imputation which would lower the plaintiff’s reputation as a barrister and solicitor and as a participant in the public debate on the proposed changes to the Legal Aid Act in the estimation of right-thinking members of society generally.

“The plaintiff pleads the words would also expose him to contempt, ridicule and that he was motivated by personal greed or gain.”

Buckingham claims the other ministers supported Parsons’ comments through various forms of media and social media.

The statement of claim pleads for damages for defamation in the amount of $5 million and $2.5 million for punitive and aggravated damages.

Buckingham declined comments other than to state, “the statement of claim speaks for itself and the matter will be determined in the normal course of litigation.”

Supreme Court, Judge bar attorneys from defamation suit

on: March 04, 2018

Supreme Court, Judge bar attorneys from defamation suit

The Pennsylvania Superior Court sided with with Northumberland County President Judge Charles Saylor in barring attorneys Frank Kepner III and Frank Kepner Jr. from representing Joseph Walter “Mike” Egan in a defamation lawsuit filed against multiple media outlets and Sunbury Police Chief Tim Miller.

On Friday, the court denied the petition for review of the attorney’s disqualification. The Kepners represented Egan, the lead suspect in the Barbara Miller cold case homicide investigation. They were kicked off as legal counsel on Oct. 30 because Kepner also briefly represented Chief Miller, who is not related to Barbara Miller, just months before filing the lawsuit. Saylor denied their motion to reconsider and have a higher court of law review the issue in December, but they filed in the higher court anyhow.

Egan is suing several media outlets, including The Daily Item, for defamation after he said he was mentioned numerous times as the lead suspect in the 1989 disappearance of Barbara Miller. The 30-year-old woman vanished in July 1989 and was reported missing to Sunbury police by Egan.

Polish institution to sue Argentinian website for defamation

on: March 03, 2018

Polish institution to sue Argentinian website for defamation

The Polish League Against Defamation (RDI) has filed a lawsuit in a Warsaw court against an Argentinian news website, which the Polish institute said will be the first trial under new anti-defamation laws.

In a story about the Jedwabne Pogrom, Argentina’s Pagina12 website used a picture, taken posthumously, of a group of partisans who fought against the Soviet-installed regime in Poland and who died in 1950, RDI said.

According to RDI, connecting the pogrom with communist-era independence fighters is “manipulation” and “against the Polish nation and the good name of Polish soldiers”.

RDI added that Pagina12 intended to “confirm Polish antisemitism to its readers” and, demonstrated “huge ignorance about history, for which it should officially apologise to all Poles”.

“This is the first court proceeding in which we will use the new law,” said RDI, which sifts through domestic and international media for cases of defamation against Poland.

RDI was referring to a law which sparked international controversy and which entered into effect on Thursday.

‘Prison Break’ Star Robert Knepper Sued For Defamation

on: March 01, 2018

‘Prison Break’ Star Robert Knepper Sued For Defamation

A costume designer who accused Robert Knepper of sexual assault is now suing the actor for defamation for claiming she lied when she accused him of misconduct.

Susan Bertram alleged that Knepper assaulted her in 1991 during the filming of Gas Food Lodging. She said she had gone to the actor’s trailer to drop off costumes when he reached under her dress and grabbed her crotch, ripping into her thighs. He pinned her against the wall and said, “I’m going to fuck your brains out.”

Bertram pushed Knepper away and ran out the door.

The actor, best known for his role as Theodore ‘T-Bag’ Bagwell on Fox’s Prison Break, turned to Instagram to deny the allegations, writing that he was “shocked and devastated to be falsely accused of violence against a woman. It’s just not who I am.” Following publication of her account in The Hollywood Reporter, four more women stepped forward to accuse Knepper of misconduct.

The lawsuit says Knepper’s denials amount to defamation.

“The false Knepper statements have interfered with (Bertram’s) ability to find work, have damaged her reputation in the Hollywood and entertainment community, and have caused her great mortification and emotional distress,” the lawsuit claims.

Bertram argues that Knepper’s statements are “false and slanderous” and impugn her character and competence. People who read or heard about his comments would think she was “untrustworthy, deranged, unqualified to work” — harming her professional reputation. She says, in the court filing, that she suffered severe mental anguish as a result.

“(Knepper) acted with malice, oppression, and fraud, and with the wrongful intention of hurting (Bertram),” the suit alleges. She is seeking damages in a jury trial.

A spokesperson for Knepper could not immediately be reached for comment.