Fox, Seven, Nine and 10 are all in court facing a defamation lawsuit after they broadcast alleged racist abuse of then Penrith Panthers player Brent Naden in 2020.
Despite the incident happening some three years ago, the defamation lawsuit kicked off yesterday, with the Federal Court hearing how William Thurston and friends were subjected to a social media pile-on after footage of a group of young men being evicted from the Panthers’ game against New Zealand Warriors.
The incident was broadcast on Fox Sports and also played on networks Seven, Nine and Ten after allegedly targeting former Panthers player Brent Naden.
“They were not told that they were being evicted for any other reason that they were asked to leave,” Thurston’s barrister Roger Rasmussen said.
Rasmussen added that his clients, having had a few alcoholic drinks, were “no doubt” sledging Mr Naden, but they did not racially abuse him.
“We submit as the evidence pans out your honour will be satisfied the sledging … did not go anywhere near the matters alleged by the respondents,” he said.
Defending the broadcasters, Dauid Sibtain told the court that Naden was not a “sensitive flower” and would be able to handle garden variety sledging and that his complaints to officials during the game indicated that there must have been a racial element to the abuse.
Sibtain told the court that Naden complained to several officials after he heard a noise that sounded like a traditional Aboriginal sound coming from the group.
“The use of that sound make the abuse worse. It shifts it into a different universe of abuse. It’s shifted into cultural,” he said.
Sibtain said that a cameraman also heard the group yelling racial slurs at Naden.
Several broadcasts were played in the court, which showed presenters slamming the fans for allegedly racially abusing Naden and slamming the behaviour as “absolutely unacceptable”.
Sibtain will argue that the presenters received factual and timely information and reported it as such.
“There can be little doubt those opinions were honestly held,” he said.
Thurston, however, told the court that he was with a group of friends celebrating a birthday and arrived at The Central Coast stadium in NSW by “party bus”.
After arriving they yelled at Naden – who now plays for the Wests Tigers – about his haircut and said “You can’t catch a ball”, but did not use any racial slurs.
Instead, Thurston maintained that he and his friends were kicked out of the stadium for being drunk and disorderly. He also addressed a video that was shared on Snapchat, circulated on social media and used in news reports, taken of him and his friends performing what he described as an Aboriginal dance. The video also opened with one of the men saying “Fuck the Panthers”.
“(It was) not my intention to mock anyone, not at all,” he said.
In fact, Thurston said that growing up he had learnt to play the didgeridoo fluently and was taught traditional dance because he had many Indigenous friends and played rugby with many Indigenous teammates.
Thurston said he immediately spoke with police at Gosford Police Station after he and his friends received a torrent of calls about the broadcast, but they advised him they could not do anything. Thurston is claiming damages, including aggravated damages for defamation.
The hearing continues.
Lead image credit: The Australian.
