Former NSW deputy premier John Barilaro has agreed to settle the high-profile defamation case he brought against YouTube personality Jordan Shanks, with Mr Shanks issuing an apology and paying court costs of $100,000.
In an apology read out in the Federal Court on Friday, Mr Shanks’ barrister Matt Collins, QC, said his client posted many videos about Mr Barilaro in 2020 and 2021, which are an important part of freedom of expression for political communication.
John Barilaro (left) has agreed to settle a defamation case against Jordan Shanks.
“Mr Shanks accepts that some of the videos he posted were offensive to Mr Barilaro. Mr Shanks understands that Mr Barilaro has been hurt, and apologises to him for that hurt,” Dr Collins said.
Mr Barilaro’s barrister Sue Chrysanthou, SC, said her client was grateful to Dr Collins for reading out the apology, and will file documents on Friday discontinuing the case.
Mr Barilaro sued Mr Shanks in May, alleging he was defamed by videos titled bruz and Secret Dictatorship which were published on the Friendlyjordies YouTube channel in September and October last year. He also sued Google, which owns YouTube.
The politician argued the bruz video incorrectly portrayed him as a corrupt conman who committed perjury nine times and should be jailed, and wrongly suggested that he corruptly gave $3.3 million to a beef company and corruptly voted against a Royal Commission into water theft.
Jordan Shanks pictured outside court in October.Credit:Kate Geraghty
Mr Barilaro said the second video defamed him by suggesting he blackmailed councillors at Narrandera in the NSW Riverina region.
Mr Shanks sought to rely on the defences of truth, contextual truth and honest opinion.
The case was set down for trial in March next year. However, a settlement was reached shortly after the parties attended a mediation last week.
Under the terms of the settlement, Mr Shanks will apologise, pay $100,000 of legal costs, edit the two videos, and undertake that he will not publish claims about Mr Barilaro’s private life.
The court costs relate to Mr Shanks’ failed bid to have the trial heard by a jury, and a preliminary argument which excluded parts of Mr Shanks’ defence due to parliamentary privilege.
Mr Shanks will also stop selling merchandise which features Mr Barilaro, including t-shirts and a cartoon depiction of Mr Barilaro as a scrotum.
Although the case against Mr Shanks has settled, the defamation case against Google will continue. Google has indicated it will argue the defences of qualified privilege, honest opinion, and public interest.
Mr Shanks’ lawyer Mark Davis said his client “will not be paying a cent in damages”. He said Mr Shanks is prepared to give evidence at trial to support Google’s case.
In their defence, lawyers for Google deny that the videos defamed Mr Barilaro in the way he suggests and argue that they refer to “information, opinions and arguments concerning government and political matters affecting the people of Australia”.
“[Google] had a duty or interest, legal, social or moral, to publish the information in the matters complained of, and the recipients had a reciprocal duty or interest to receive such information,” Google argues in court documents.
The internet conglomerate argues it has taken “reasonable steps” in the case, including blocking a video titled “I called John Barilaro ... he answered” following a complaint by Mr Barilaro, because the contents of the video appeared to be an unsubstantiated rumour.
Justice Steven Rares congratulated Mr Shanks and Mr Barilaro on reaching a resolution in their dispute.
The matter will return to court later this month to prepare for the trial involving Google.
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