Zak Sabbath's Defamation Claim Allowed To Continue Against Mandy Morbid

• Published date: 23 June 2021
• Subject Matter: Litigation, Mediation & Arbitration, Media, Telecoms, IT, Entertainment, Libel & Defamation, Broadcasting: Film, TV & Radio, Social Media
• Law Firm: Gardiner Roberts LLP
• Author: Mr James R.G. Cook

In early 2019, a former model and adult film performer, Amanda Nagy also known as "Mandy Morbid," posted a message on her Facebook page saying that Zak Smith, her former husband, artist, tabletop role-playing game (RPG) creator and adult film performer also known as "Zak Sabbath," sexually, physically and emotionally abused her and other women during their marriage. Mr. Smith sued Ms. Nagy for defamation.

In June 2021, the Ontario Superior Court of Justice dismissed a motion by Ms. Nagy to have the action dismissed on the basis that it unduly limited debate on a matter of public interest: Smith v. Nagy, 2021 ONSC 4265 (CanLII).

Mr. Smith and Nagy met in 2006 when she was 21 years old and he was 29. She moved to the U.S. to live with him and they married in 2007. They were involved in polyamorous relationships with other women throughout their relationship. Ms. Nagy was featured in Mr. Smith's artwork, they live-streamed activities together, and collaborated on adult films. Their relationship and professional activities were featured in articles about Mr. Smith published in magazines such as Vice and Maxim.

In 2016, they separated, and Ms. Nagy returned to Canada. Over the next eighteen months, Ms. Nagy received counselling and was diagnosed with post-traumatic stress disorder.

In early 2019, Ms. Nagy posted a message on her Facebook page, which was accessible to any Facebook user due to her account settings. While the Facebook post was addressed to "Dear Zak Smith, aka Zak Sabbath," Ms. Nagy wrote above this greeting: "Please feel free to share this widely, on any platform you have". In a two-page long, single-spaced post, Ms. Nagy alleged that she had PTSD after a "decade of trauma" with Smith. She asserted that, throughout their relationship, he subjected her to sexual, psychological and emotional abuse.

Ms. Nagy attached statements from two other women, who alleged that Mr. Smith had "habitually abused and assaulted" women and that she had seen him have intercourse without first obtaining consent. Ms. Nagy urged readers to reconsider their support of Mr. Smith and his art.

The Facebook post was shared over 900 times, over 2000 users "liked" it, and over 200 comments were posted in response to it. The allegations circulated widely on various online and social media platforms and blogs. Within days, the publishers of the "Dungeons and Dragon's Player's Handbook" announced that it would remove all references to Mr. Smith in its online and print editions...