Defamation case: My lips are zipped
| Published date | 07 October 2020 |
| Subject Matter | Litigation, Mediation & Arbitration, Libel & Defamation |
| Law Firm | Coleman Greig Lawyers |
| Author | Ms Melissa McGrath |
If you thought using emojis could avoid legally defaming someone, think again.
In an Australian first, the NSW District Court has opened the door in Burrows v Houda [2020] NSWDC 485 to find in favour of a plaintiff who complained a competitor and professional peer tweeted the 'zipper mouth face' emoji in response to an online comment about her.
The tweets at the centre of the case include a tweet by lawyer Adam Houda, linking to an earlier article in the Sydney Morning Herald that reported a judge's suggestion that the plaintiff, Ms Burrows' conduct in a case be referred to the Law Society for potential disciplinary action. Mr Houda tweeted the zipper mouth face in response and that tweet was commented on by several others.
In coming to her...
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