Arcade champion wins lawsuit against YouTube creator
A judge has found an Australian YouTube creator was defamatory via his vindictive crusade against prominent American video game champion Billy Mitchell.
American arcade game champion Billy Mitchell has been awarded $350,000 in damages after winning a defamation lawsuit against a Queensland-based YouTuber.
Karl Jobst posted a YouTube video online for a total of 15 days that claimed Mr Mitchell’s lawsuit against another online creator had left the young man “deeply in debt”.
The American claimed Jobst’s video had implied Mitchell’s actions had contributed to YouTuber Benjamin Smith, who went by the screen name “Apollo Legend”, taking his own life.
Judge Ken Barlow handed down his judgment on Tuesday following a trial in September and October.
He found Jobst’s video had “caused substantial additional damage to Mitchell’s reputation and caused him distress”.
“He was reckless in making the allegations. His assertions were based on a fallacy, that Apollo Legend had paid a large sum of money to Mitchell,” Judge Barlow said.
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Mitchell, 59, filed his defamation lawsuit in September 2021 against Jobst, known for making videos about video game records and cheating scandals, in the Brisbane District Court.
Mitchell rose to fame in the 1980s and ’90s through recognition of his high scores in the arcade games Donkey Kong and Pac-Man.
The Florida resident claimed his reputation was damaged and he lost out on substantial paid work at gaming conventions as a result of a video Jobst posted on May 26, 2021.
Mitchell previously gave evidence that he was physically sick when viewing the video, which he said implied he “hounded a young man to commit suicide” by suing Smith.
Mitchell testified that Jobst’s original video was seen by more than 500,000 people.
Judge Barlow said Jobst held malice against Mitchell and was vindictive towards him by uploading the video multiple times and failing to apologise to the American directly.
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Jobst had made videos accusing Mitchell of cheating in obtaining his high scores and the American’s subsequent lawsuits against people making those claims.
Judge Barlow said it was not his role to determine the truth of the cheating claims.
“He seems to see himself as a crusader against Mitchell – one of the last people sued by Mitchell and the only one who has not backed down,” Judge Barlow said.
The judge referred to an interview by Jobst in which he said “Billy Mitchell needs to be destroyed in court… I am the last chance for the public to punish Billy”.
“Clearly wanted to be the knight who slayed the Mitchell dragon. His lance was not as strong as he thought it to be,” Judge Barlow said.
Mitchell had sought $400,000 in non-economic damages and $50,000 aggravated damages, but Judge Barlow said this was “too high” despite the seriousness of the defamation.
The American was awarded $300,000 in non-economic damages and $50,000 aggravated damages.
Judge Barlow said Jobst should pay $34,668.50 in interest dating back to the first publication of his video and pay Mitchell’s costs, subject to submissions from each side’s barristers.
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