Defamation case: My lips are zipped

Published date07 October 2020
Subject MatterLitigation, Mediation & Arbitration, Libel & Defamation
Law FirmColeman Greig Lawyers
AuthorMs 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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