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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
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FACT BRIEF

Was Gawker’s legal defeat in the Hulk Hogan sex-tape case an outlier among similar cases?

By Jacob Alabab-Moser
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YES

In 2013, pro wrestler Hulk Hogan—under his real name, Terry Bollea—sued Gawker, a blog, for publishing a 90-second clip of him having sex with a friend’s wife. A Florida jury ruled in Bollea's favor, surprising legal observers as similar lawsuits by celebrities against media organizations most often fail on First Amendment grounds. “The Florida ruling will almost certainly be overturned on appeal,” Fortune magazine predicted.

Rather than face what might be an expensive appeal, Gawker’s owner paid Bollea $32 million to settle the case. Bollea’s suit was funded by billionaire Peter Thiel, who had apparently taken offense at earlier coverage of his own private life by Gawker’s publisher.

U.S. courts in such cases tend to favor the publisher over a public figure alleging privacy violations, as in ex-Congresswoman Katie Hill’s recent loss suing outlets that published nude photos of herself.

This fact brief is responsive to conversations such as this one.
Sources
Fortune Here’s why the Gawker verdict should be—and likely will be—overturned
Poynter Why Gawker settled the Hulk Hogan dispute
The Atlantic The most expensive comment in internet history?
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Gigafact
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.