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YouTuber Karl Jobst Ordered to Pay Arcade Gamer Billy Mitchell in Defamation Case
An Australian court has mandated that gaming YouTuber Karl Jobst compensate celebrity arcade competitor Billy Mitchell over AU$380,000 (approximately $237,000 / £183,000) in damages, stemming from defamatory remarks made in a 2021 video. Jobst, a content creator based in Queensland, is known for his YouTube channel focusing on speedrunning and competitive gaming. The ruling concludes a legal battle related to allegations made by Jobst regarding Mitchell and previous controversies surrounding Mitchell’s Donkey Kong high scores.
Background to the Defamation Lawsuit
Controversy surrounding Mitchell’s record Donkey Kong scores began in 2017, leading to their initial removal from both the Twin Galaxies and Guinness World Records. This sparked a complex series of legal actions, ultimately resulting in the reinstatement of Mitchell’s records. Prior to the lawsuit against Jobst, Mitchell had also filed legal action against the late YouTuber Benjamin Smith, known as Apollo Legend, who had released videos alleging Mitchell had cheated to achieve his scores.
Jobst’s Video and Defamatory Claims
Jobst’s video, entitled ‘The Biggest Conmen in Video Game History Strike Again!’, is at the heart of the current defamation case. The video suggested that Mitchell’s settlement with Smith involved a substantial financial payment to Mitchell, which Jobst implied contributed to Smith’s suicide in 2020. Furthermore, Jobst asserted in the video that Mitchell had “expressed joy” regarding Smith’s death. It was these accusations, rather than questions concerning the legitimacy of Mitchell’s Donkey Kong scores, that led Mitchell to pursue legal action against Jobst.
Court Findings on Mitchell-Smith Settlement
Judge Ken Barlow clarified that the 2020 settlement between Mitchell and Smith did not involve any exchange of funds. The terms of the agreement required Smith to remove all YouTube videos and social media content pertaining to Mitchell, transfer copyright ownership of the removed videos to Mitchell, and refrain from further publishing about Mitchell, with a penalty of $25,000 for each violation.
Video Edits and Continued Publication
In his original video, Jobst initially claimed Smith was ordered to pay $1 million to Mitchell. Jobst subsequently edited the video multiple times between May and June 2021. One edit occurred after Mitchell indicated in his own video his intention to “respond the way that everyone anticipates for me to respond.” Another edit followed confirmation from Smith’s brother to Jobst that no financial transaction had taken place between Apollo Legend and Mitchell.
Impact and Judge’s Remarks
The judge highlighted that Jobst’s contentious video had been “downloaded” by over 500,000 individuals, including 20,000 in Australia, a relevant factor in Australian defamation proceedings. The video spurred numerous comments accusing Mitchell of murder and other offenses. Judge Barlow also noted Jobst’s reaction to a concerns notice from Mitchell’s legal team in 2021. Instead of addressing the concerns privately, Jobst publicly posted on Twitter, describing the claim as “exciting” and anticipating the case as “an amazing experience.” The judge viewed this as indicative of a lack of remorse and contributing to aggravated damages.
Damages Awarded to Mitchell
Jobst is mandated to pay AU$300,000 in damages for non-economic loss, AU$50,000 for aggravated damages, and AU$34,668.50 in interest. Judge Barlow stated that awarding more than AU$50,000 in aggravated damages might have been justified, but the awarded amount was limited to what Mitchell sought.
Jobst’s Response to the Ruling
Following the court’s decision, Jobst posted on X (formerly Twitter): “I lost. The judge deemed Billy a credible witness and accepted his complete testimony. From that juncture, there was unfortunately nothing that could have saved me.”
Jobst added, “I will now assess my options. I understand many of you will be disappointed by this outcome, and I apologize for that. Thank you again for all the support I have received, and I will strive to work diligently to repay all that you are owed.”