Hulk Hogan wins sex-tape case against Gawker. Awarded $115 million.

[Lewellyn]

 

Quote

A Florida jury has awarded Hulk Hogan $115m (£79m) after the gossip news website Gawker published a sex tape of the retired professional wrestler.
Mr Hogan's legal team argued the New York-based website violated his privacy and the video was not newsworthy.
The case, which pitted freedom of the press against a celebrity's right to privacy, has been closely watched.
The video was posted in 2012 after Mr Hogan was secretly recorded having sex with his friend's wife.
Lawyers for Gawker argued that although jurors might find the website's actions distasteful, the concept of freedom of the press was more important to uphold.
Mr Hogan's lawyers said Gawker did not contact him or the woman in the video before the video was published.
"This is not only his victory today, but also anyone else who's been victimised by tabloid journalism," Hogan lawyer David Houston said outside the courtroom.

...

Gawker's founder Nick Denton and journalist AJ Daulerio were held liable in the lawsuit.
Even before the verdict was announced, Gawker said in a statement that an appeal was likely. Large jury awards are often reduced during the appeals process.

 

-BBC

 

Quote

The stunning sum is a potentially life-threatening event for the New York-based network of news and gossip sites, which was one of the first successful, large digital-only news companies. It's even more than the $100 million Bollea was seeking.
The sex tape was made about a decade ago, during a period in which the professional wrestler Hogan testified that he was going through a difficult phase with his then-wife.

...

“He’s talked about his sex life, how big his penis is, and when he talks about his penis it’s to promote his daughter’s singing career," said Gawker's attorney Michael Sullivan. "He’s discussed his sexual encounters. Now he tells you this was the Hulk Hogan character."
Gawker has a right to publish news stories, even ones with objectionable content, Sullivan  told the jury.
"If they can make a claim like this, the Internet as we know it will cease to exist," Sullivan said.

-ArsTechnica

 

Quote

Marc Randazza, a free speech lawyer, spoke to me live after the verdict to share his thoughts on the case as well as to discuss Gawker’s next legal move.

 

Danger & Play Media hot takes:

• Gawker had excellent legal counsel, this was simply a case no one could win.
• New York snark does not translate well to judges and juries.
• Gawker will need to post an appeal bond of 10% of the damages verdict.
• The jury may award up to 3 times the $115 million in punitive damages, for a total award of hundreds of millions of dollars.
• Gawker’s revenue last year were around $44 million. There’s no way Gawker can afford to pay this verdict.
• Gawker owns several websites like Jezebel and Kotaku. Those sites may be sold off to the (lowest) bidder.
• In order to appeal the verdict, Gawker must put up the full verdict amount, or pay 10% (non-refundable) to a company. Bottom line: Gawker will need to pay millions of dollars out of pocket to appeal the Hulk Hogan verdict.

http://www.dangerandplay.com/2016/03/18/hulk-hogan-v-gawker-marc-randazza-legal-analysis/

Gawker Media is the parent company for seven different weblogs and many subsites under them: Gawker.com, Deadspin, Lifehacker, Gizmodo, Kotaku, Jalopnik, and Jezebel.

 

Articles:

 

Arstechnica

$115 million verdict in Hulk Hogan sex-tape lawsuit could wipe out Gawker  Archive

 

BBC

Hulk Hogan awarded $115m in Gawker sex tape case Archive

 

Hollywood Reporter

Hulk Hogan Gets $115M Verdict Against Gawker at Sex Tape Trial Archive

 

CNN

Hulk Hogan awarded $115 million in Gawker sex tape case Archive

 

Variety

Hulk Hogan Awarded $115 Million in Gawker Sex Tape Lawsuit Archive

 

CNBC

Wrestler Hulk Hogan awarded $115M in Gawker case Archive

 

Business Insider

Gawker loses sex-tape fight with Hulk Hogan Archive

 

FOX

Hulk Hogan awarded $115 million judgment in suit against Gawker Archive

[LabRat]

 I wonder how many times the jury had to watch the tape before they came up with a verdict?

[ivan134]

Hulk Hogan might be a racist POS, but I'm glad he won this. It's insane that Gawker had the gall to call publishing what someone did in their bedroom "freedom of press."

[ChineseChef]

2 minutes ago, ivan134 said:

Hulk Hogan might be a racist POS, but I'm glad he won this. It's insane that Gawker had the gall to call publishing what someone did in their bedroom "freedom of press."

Especially the blatant hypocrisy where they were nearly calling for the executions of those involved with or even viewing the Fappening stuff, yet they turn around and immediately do this to him.  All because he is a man, and the fappening was women. 

[ivan134]

1 minute ago, ChineseChef said:

Especially the blatant hypocrisy where they were nearly calling for the executions of those involved with or even viewing the Fappening stuff, yet they turn around and immediately do this to him.  All because he is a man, and the fappening was women. 

3rd wave feminists and authoritarians who don't know what it actually means to be liberal do not know what the word "hypocrisy" means.

[SurvivorNVL]

Thank god.  Good bye Gawker.  I won't miss any of your useless, regressive dribble.

[ShadowDeity]

RIP Gawker, you will not be missed.

[STRMfrmXMN]

8 minutes ago, SurvivorNVL said:

Thank god.  Good bye Gawker.  I won't miss any of your useless, regressive dribble.

Anybody think that Hogan would be a great Trump VP eh? Eh?

[SurvivorNVL]

Just now, STRMfrmXMN said:

Anybody think that Hogan would be a great Trump VP eh? Eh?

Nawh.  Hogan would be great to throw-down with China, brother!

[Lethal Seraph]

Steroids make your dick little. Pumped up wrestler + sex-tape leak, go figure why he's lawyered up to the teeth.

[Misanthrope]

Good, they should also be sentenced to eat shit and die, only fair they have to consume what they produce.

[Trixanity]

2 hours ago, Lethal Seraph said:

Steroids make your dick little. Pumped up wrestler + sex-tape leak, go figure why he's lawyered up to the teeth.

I do believe it's the testicle size, not penis size, that are affected by drug use. Although depending on severity of (ab)use, I think the changes are reversible. (also, yes, I'm fun at parties) 

 

On-topic: interesting outcome and it might set a precedent. That would mean news media cannot post leaked photos or videos of people. 

 

And the reaction to the bleak future of Gawker: 

 

[Sakkura]

The money they will have to put up is not to be allowed to appeal, it's just to stay the execution. So if they appeal without putting up the bond, they'd have to pay the full amount while the appeal is in the works. 

 

Also:

 

Spoiler

Daulerio, a defendant in an invasion-of-privacy lawsuit brought by the retired wrestler Hulk Hogan, was asked by the plaintiff’s lawyer where he drew the line when it came to posting videos of people having sex.

“Can you imagine a situation where a celebrity sex tape would not be newsworthy?” asked the lawyer, Douglas E. Mirell.

“If they were a child,” Mr. Daulerio replied.

“Under what age?” the lawyer pressed.

“Four.”

Nice sarcasm. The jury loved that. 

[stconquest]

10 minutes ago, Sakkura said:

T--

  Hide contents

Daulerio, a defendant in an invasion-of-privacy lawsuit brought by the retired wrestler Hulk Hogan, was asked by the plaintiff’s lawyer where he drew the line when it came to posting videos of people having sex.

“Can you imagine a situation where a celebrity sex tape would not be newsworthy?” asked the lawyer, Douglas E. Mirell.

“If they were a child,” Mr. Daulerio replied.

“Under what age?” the lawyer pressed.

“Four.”

Nice sarcasm. The jury loved that. 

wow

[LAwLz]

Gawker is a terrible company but I will miss LifeHacker if it goes under.

As much as I'd love Gawker going under, I can't say I stand behind this verdict. 115 million dollars seems waaaaaaay too much.

[Lewellyn]

29 minutes ago, LAwLz said:

Gawker is a terrible company but I will miss LifeHacker if it goes under.

As much as I'd love Gawker going under, I can't say I stand behind this verdict. 115 million dollars seems waaaaaaay too much.

They're appealing, which will probably bring it down.

[Bouzoo]

It's really funny how they of all people are using "freedom of press" as their excuse. That aside, I like LifeHacker and hope someone picks them up if Gawker goes down, which I don't find unlikely considering the verdict was $115 mil. $115 mil????? Are you kidding me? I'm pretty sure it'll go down by a lot.

[Tech_Dreamer]

I wonder what Hulk hogans finishing move was on that tape!  *grabs popcorn*

 

#RearNakedChoke #PumpingIron #sUBMISSION #tapout # hulkbuster #

[Anult]

5 hours ago, LAwLz said:

Gawker is a terrible company but I will miss LifeHacker if it goes under.

As much as I'd love Gawker going under, I can't say I stand behind this verdict. 115 million dollars seems waaaaaaay too much.

 

Gawker had it coming. They defied a court order, people who worked for gawker made snarky and sarcastic comments inside a court of law and the damn editor of gawker himself said in a court of law that he would only draw the line if they had a tape that involved a 4 year old girl or younger, implying that that he would be okay with it if the person involved was the age of 5 or up.

 

They even had a live event on their website where they were reporting on the judgement in a snarky sarcastic manner thinking that they were already in the clear. They stopped updating when the verdict was given out.

 

They can rot in a fire for all I care. 115 million (plus punitive damages which are still TBD) I would argue is too low for the physical damage gawker has done to me and countless other people for high levels of blood pressure fluctuation that website has dished out for years beforehand.

[grayperview]

When it come crashing down it hurts inside.....

 

Hope the overdubbed the tape for the jury with the NWO theme music....

 

 

Linda will be a happy...

 

personally i can't stand the man...

 

[Notional]

RIP Gawker. Good riddance. May you burn in hell, cancer of the internet.

[Centurius]

I guess the jury having been forced to actually watch that tape may have been a factor in determining emotional and future punitive damages.

[suicidalfranco]

does this mean the end of lifehacker (oh nooooooooo!) and kotaku (fuck yeah!)?

[Squirrel724]

Couldn't care less about gawker itself however I feel bad for the sub sites such as Jalopnik and Kotaku, and the community run sites such as Oppositelock. It sucks for Oppo as it isn's even a part of gawker, it just uses the kinja platform which is owned and run by gawker. Gawker goes away, so does kinja.

[Nowak]

Gawker doesn't need to be your news source anymore. Gawker is over.