US wrestler Hulk Hogan wins at least US$115 million in damages over sex tape posted by Gawker
The jury of two men and four women agreed with Hogan that his privacy had been violated, that the violation had caused him harm and that Hogan had a reasonable expectation of privacy.
A Florida jury on Friday awarded Hulk Hogan US$115 million with the possibility of more after finding the Gawker website violated his privacy by publishing a sex tape of the celebrity wrestler.
After deliberating six hours, the jury awarded Hogan US$60 million for emotional distress and US$55 million for economic damages. They remain sequestered until Monday when the jury will consider punitive damages and other matters.
“This is a victory for everyone who has had their privacy violated,” Hogan’s attorney, David Houston, said.
As the award was announced, Hogan cried and hugged Houston.
Gawker publisher Nick Denton said the website would appeal the verdict. A Gawker attorney previously said a loss could put it out of business.
“We all knew the appeals court will need to resolve the case,” Denton said in a statement. “We feel very positive about the appeal that we have already begun preparing, as we expect to win this case ultimately.”
We feel very positive about the appeal that we have already begun preparing, as we expect to win this case
Hogan had sought US$100 million in damages over the edited video that Gawker, a New York-based outlet known for gossip and media reporting, posted online in 2012.
The jury of two men and four women agreed with Hogan that his privacy had been violated, that the violation had caused him harm and that Hogan had a reasonable expectation of privacy.
The case drew attention as a digital-age test of a celebrity’s privacy rights and freedom of the press under the First Amendment of the US Constitution.
Gawker’s one-minute, 41-second video depicted Hogan, 62, engaged in sex with the wife of his then-best friend, radio “shock jock” personality Bubba the Love Sponge Clem.
Hogan, a long-time star of World Wrestling Entertainment (WWE), said he did not know the consensual encounter had been recorded when it occurred nearly a decade ago in Bubba’s home.
Gawker’s video included excerpts from a 30-minute sex tape the company obtained without knowing its origin.
Hogan, whose legal name is Terry Bollea, testified that he still suffers from the humiliation of a video that went viral. The video was viewed 2.5 million times on the Gawker site.
The mustachioed wrestling icon wore a signature black bandana during a two-week trial in St Petersburg, Florida, near his home. Testimony touched on media ethics, website analytics and Hogan’s statements about his sex life, including descriptions of his genitalia.
Gawker said the posting was in keeping with the outlet’s mission to cover true and interesting subjects, stressing Hogan had made his sex life a public matter.
Denton and the editor responsible for the post, A.J. Daulerio, were called as defence witnesses. Both named in the lawsuit, they stood by the post, which Denton said “stands up to the test of time”.
