The Court held that both the host and co-host of live social media broadcasts on X (Twitter Spaces) were publishers of defamatory statements made by a third-party speaker, where they had the ability to control speakers (muting, blocking, unblocking), actively endorsed the defamatory content, and invited the speaker back across multiple broadcasts knowing the likely subject matter. The host's failure to respond to concerns notices, his endorsement of the speaker's credibility during broadcasts, and his conduct during trial (including cross-examination designed to re-ventilate the defamatory imputations) supported an award of $80,000 in aggravated damages against him alone. All defences raised — contextual truth, public interest, honest opinion, qualified privilege, triviality, and innocent dissemination — failed, with the absence of evidence from either defendant (neither gave sworn testimony) being determinative for several defences requiring proof of subjective state of mind or bona fides.
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