Rebel Wilson damages verdict will send shockwaves through celebrity gossip media
“It’s a lesson to all journalists that they must be accurate in their reporting, and if they unreasonably reflect on the reputation of someone they could pay the penalty in a big way,” said defamation law expert Peter Bartlett of Minter Ellison.
“It could well have a flow-on effect to media companies at a time when their profitability is falling. It doesn’t set a precedent, but you would imagine it would give encouragement to potential plaintiffs, and to lawyers who act for plaintiffs, to take action.”
Of course, there will be plenty of ordinary folk who think that’s no bad thing, and plenty of journalists who agree with them. Better standards can only help improve the standing of a profession that many rank just ahead of organised crime in terms of scrupulous behaviour.
To be sure, the reporting in the Bauer articles was shoddy, and Justice Dixon’s willingness to forgive was sorely tested by the failure of any senior figures from the company to testify.
Nor was he impressed by the company’s treatment of Wilson after publication, declining an offer to settle for $200,000, making no attempt to contact her or her people, refusing to apologise or grant her the right of reply, and finally attempting to paint her once more as an unreliable witness during the 20 days of legal proceedings.
Exact numbers are impossible to come by when calculating what work an actor might have landed, and how much they might have been paid for it. But Justice Dixon had a fair old stab.
Expert witnesses testified that on the back of Pitch Perfect 2, Wilson might have been expected to land up to four roles over the period in question, and to earn at least $US5 million for each.
Justice Dixon rounded that down to three roles, applied a discount of 80 per cent – to account for tax, agent fees and the opaque relationship between Wilson and her company (which contracts her services to film producers) – to arrive at a sum of $US3 million, or $3,917,472 at the applicable exchange rate.
If you accept that Wilson might now be in the $5 million-$6 million-a-picture bracket, it’s a conservative figure, though there’s no way Bauer will see it as such. Add the $650,000 figure for general damages (an award that is normally capped in Victoria at $389,500), and the likelihood that costs, which could be as high as $2 million, will likely be awarded against them, and you can see just how damaging this case is for the company.
The likes of dailymail.com.au will no doubt be convening emergency planning sessions to consider the implications of this judgement, but its impact could be felt outside the world of celebrity media, too.
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“There’s a danger that editors, editorial executives and reporters will be more conservative in what they report in the fear that an action can be taken,” said Bartlett.
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