Sky News broadcaster said an article and two tweets defamed her by wrongly portraying her as mocking Polynesian names.
The news website argued a truth defence and denied running an illegitimate campaign against her. “I conclude that Ms Molan was trying to put on two different accents: she was trying to put on an accent of Ray Warren as though it was him who was saying ‘hooka, looka, mooka, hooka, fooka’, rather than putting on a Polynesian or Pacific Islander accent; and putting on the accent of Chris Warren as saying ‘Dad’ in response, reflecting the interplay between the two which is inherent in the Warren story,” Bromwich said. The court found five of the eight imputations Molan alleged were wrongly conveyed by the [Daily Mail](https://www.theguardian.com/media/dailymail), including that she “deliberately mocked the names of Pacific Islanders on air” and that her “inability to pronounce the names of Polynesian NRL players is so disrespectful and incompetent that she is unfit to be an NRL commentator”. Bromwich found that Molan was not putting on a Polynesian or Pacific Islander accent on the radio program but rather putting on an accent of her colleague Ray Warren, who had stumbled over the names. Justice Robert Bromwich said each side had a “measure of success and a measure of failure”.
Erin Molan has had a win after a Federal Court found an online newspaper defamed her by alleging she was racist in an online article and needed to improve ...
“The June 5 online article was blunter and more directly critical. “Such a reader would understand that she was being severely criticised … Justice Bromwich said the bulk of the article addressed what Molan was said to have done and why commentators thought it was unacceptable. She claimed Daily Mail had “distorted and misrepresented” what she said in the 14-second segment “so as defame her in the way of six imputations, each of which relied on the June 5 online article”. He found the publisher also wrongly alleged that she had refused to apologise and that she was an “arrogant woman of white privilege for behaving in this way”. In his judgment, Justice Bromwich found both sides had a “measure of success and a measure of failure”.
Erin Molan has won her Federal Court defamation case against Daily Mail Australia with the online publication ordered...
"It is also worth noting the Court further held that while the Daily Mail article did not call Ms Molan a racist ... He said Molan showed a lack of contrition and her deficient insight about the effect of her mocking was "tellingly revealed" when she compared it to being "teased in the playground or by her co-hosts". In another she was heard attempting a Japanese accent and making reference to "you're so good," and "raw fish", which she said is about her favourite food sushi. She won on five pleaded imputations, including that it was not proven she had in fact mocked Pacific Islander names, but the judge found both sides had a "measure of success and a measure of failure". "Dailymail.com needs to substantially improve the care that it takes, or face further and greater awards of damages," Justice Bromwich said in his judgment. Justice Robert Bromwich said a payment of $150,000 in damages should sufficiently meet the "sting" of the June 2020 online article that referred to her saying "hooka looka mooka hooka fooka" on 2GB in May 2020.
SKY News presenter awarded $150000 after winning high profile defamation case, following article over radio remarks.
Daily Mail argued a truth defence and denied running an illegitimate campaign against her. “I conclude that Ms Molan was trying to put on two different accents: she was trying to put on an accent of Ray Warren as though it was him who was saying ‘hooka, looka, mooka, hooka, fooka’, rather than putting on a Polynesian or Pacific Islander accent; and putting on the accent of Chris Warren as saying ‘Dad’ in response, reflecting the interplay between the two which is inherent in the Warren story,” Bromwich said. The court found five of the eight imputations Molan alleged were wrongly conveyed by the Daily Mail, including that she “deliberately mocked the names of Pacific Islanders on air” and that her “inability to pronounce the names of Polynesian NRL players is so disrespectful and incompetent that she is unfit to be an NRL commentator”.
A Federal Court judge found a June 2020 article on the Daily Mail Australia website did not call the broadcaster a racist but did defame her in other ways.
He said the Daily Mail had proven a separate, contextual meaning was true, namely that Molan “engaged in conduct that was likely to offend persons because of their race or ethnic origin” during the 2GB broadcast, “by putting on an accent and saying ‘Hooka, Looka, Mooka, Hooka, Fooka’. prior broadcasts, including by faking several accents, and arguably attributing characteristics or advancing stereotypes by reason of race in her on-air comments”. However, he found that a defence of contextual truth was available in a limited respect to mitigate damages. [Michaela Whitbourn](/by/michaela-whitbourn-hvf5w)is a legal affairs reporter at The Sydney Morning Herald.Connect via He said the Sky News host was entitled to a “substantial, but not excessive award of damages”. This served to reduce the damages payout.
Erin Molan has won her defamation case against Daily Mail Australia. The Federal Court ruled the publication must pay $150000 in damages.
Justice Bromwich said that most of the article addressed what Molan was said to have done and why commentators thought it was unacceptable. “The June 5 online article was blunter and more directly critical. [The Daily Telegraph](https://www.dailytelegraph.com.au/sport/erin-molans-massive-win-in-federal-court-defamation-case-against-daily-mail/news-story/abef3db7c6e552812a98c2dd47e8a969) reported that Justice Bromwich said he found the online article was: “not, in my view, one that was ‘tinged with, or even pregnant with, insinuation or suggestion’ going much beyond what was overtly stated, or such as to implicitly ‘invite the reader to adopt a suspicious approach’.”
A Federal Court judge found a June 2020 article on the Daily Mail Australia website did not call the broadcaster a racist but did defame her in other ways.
He said the Daily Mail had proven a separate, contextual meaning was true, namely that Molan “engaged in conduct that was likely to offend persons because of their race or ethnic origin” during the 2GB broadcast, “by putting on an accent and saying ‘Hooka, Looka, Mooka, Hooka, Fooka’. prior broadcasts, including by faking several accents, and arguably attributing characteristics or advancing stereotypes by reason of race in her on-air comments”. However, he found that a defence of contextual truth was available in a limited respect to mitigate damages. [Michaela Whitbourn](/by/michaela-whitbourn-hvf5w)is a legal affairs reporter at The Sydney Morning Herald.Connect via He said the Sky News host was entitled to a “substantial, but not excessive award of damages”. This served to reduce the damages payout.
Erin Molan has won her Federal Court defamation case against Daily Mail Australia with the online publication ordered...
"It is also worth noting the Court further held that while the Daily Mail article did not call Ms Molan a racist ... He said Molan showed a lack of contrition and her deficient insight about the effect of her mocking was "tellingly revealed" when she compared it to being "teased in the playground or by her co-hosts". In another she was heard attempting a Japanese accent and making reference to "you're so good," and "raw fish", which she said is about her favourite food sushi. She won on five pleaded imputations, including that it was not proven she had in fact mocked Pacific Islander names, but the judge found both sides had a "measure of success and a measure of failure". "Dailymail.com needs to substantially improve the care that it takes, or face further and greater awards of damages," Justice Bromwich said in his judgment. Justice Robert Bromwich said a payment of $150,000 in damages should sufficiently meet the "sting" of the June 2020 online article that referred to her saying "hooka looka mooka hooka fooka" on 2GB in May 2020.
Erin Molan has won her Federal Court defamation case against Daily Mail Australia with the online publication ordered...
"It is also worth noting the Court further held that while the Daily Mail article did not call Ms Molan a racist ... He said Molan showed a lack of contrition and her deficient insight about the effect of her mocking was "tellingly revealed" when she compared it to being "teased in the playground or by her co-hosts". In another she was heard attempting a Japanese accent and making reference to "you're so good," and "raw fish", which she said is about her favourite food sushi. She won on five pleaded imputations, including that it was not proven she had in fact mocked Pacific Islander names, but the judge found both sides had a "measure of success and a measure of failure". "Dailymail.com needs to substantially improve the care that it takes, or face further and greater awards of damages," Justice Bromwich said in his judgment. Justice Robert Bromwich said a payment of $150,000 in damages should sufficiently meet the "sting" of the June 2020 online article that referred to her saying "hooka looka mooka hooka fooka" on 2GB in May 2020.
A Federal Court judge says the site showed a lack of responsibility and basic professionalism in defaming Erin Molan when it portrayed the broadcaster as a ...
He said Ms Molan showed a lack of contrition, and her deficient insight about the effect of her mocking was "tellingly revealed" when she compared it to being "teased in the playground or by her co-hosts". She won on five pleaded imputations, including that it was not proven she had in fact mocked Pacific Islander names, but the judge found both sides had a "measure of success and a measure of failure". Justice Robert Bromwich said a payment of $150,000 in damages should sufficiently meet the "sting" of a June 2020 online article that referred to her saying "hooka looka mooka hooka fooka" on 2GB in May 2020.
A Federal Court judge says Daily Mail Australia showed a lack of responsibility and basic professionalism in defaming Erin Molan when the online news site ...
by reason of her ‘intemperate behaviour’ in prior broadcasts – including faking accents, and arguably advancing racial stereotypes – she was at ‘some peril’ of an adverse conclusion.” She won on five pleaded imputations, including that it was not proven she had in fact mocked Pacific Islander names, but the judge found both sides had a “measure of success and a measure of failure”. Rather, the former 2GB rugby league show co-host said the long-running joke was making light of Ray and Chris Warren mixing up the end of players’ names and she was “poking fun of her colleagues”, she told the Federal Court.
Erin Molan has won her Federal Court defamation case against Daily Mail Australia with the online publicati...
"Dailymail.com needs to substantially improve the care that it takes, or face further and greater awards of damages," Justice Bromwich said in his judgment. McClintock said Molan showed a lack of contrition and her deficient insight about the effect of her mocking was "tellingly revealed" when she compared it to being "teased in the playground or by her co-hosts". Justice Robert Bromwich found in favour of five pleaded imputations but said in his published reasons today that both sides had a "measure of success and a measure of failure".
Broadcaster Erin Molan will soon find out if she has won her defamation case against Daily Mail Australia...
"It is also worth noting the Court further held that while the Daily Mail article did not call Ms Molan a racist ... He said Molan showed a lack of contrition and her deficient insight about the effect of her mocking was "tellingly revealed" when she compared it to being "teased in the playground or by her co-hosts". In another she was heard attempting a Japanese accent and making reference to "you're so good," and "raw fish", which she said is about her favourite food sushi. She won on five pleaded imputations, including that it was not proven she had in fact mocked Pacific Islander names, but the judge found both sides had a "measure of success and a measure of failure". "Dailymail.com needs to substantially improve the care that it takes, or face further and greater awards of damages," Justice Bromwich said in his judgment. Justice Robert Bromwich said a payment of $150,000 in damages should sufficiently meet the "sting" of the June 2020 online article that referred to her saying "hooka looka mooka hooka fooka" on 2GB in May 2020.
Erin Molan has had a win after a Federal Court found an online newspaper defamed her by alleging she was racist in an online article and needed to improve ...
“The June 5 online article was blunter and more directly critical. “Such a reader would understand that she was being severely criticised … Justice Bromwich said the bulk of the article addressed what Molan was said to have done and why commentators thought it was unacceptable. She claimed Daily Mail had “distorted and misrepresented” what she said in the 14-second segment “so as defame her in the way of six imputations, each of which relied on the June 5 online article”. However, he conceded that she was “unwitting and careless” in making the comment and had not acknowledged that she did “even the slightest thing wrong”. In his judgment, Justice Bromwich found both sides had a “measure of success and a measure of failure”.