Hulk Hogan's lawyers on Monday said the only reason Gawker published the wrestling legend's sex tape in 2012 was for "power and profit" and to "virally market their website."
Attorney Shane Vogt's statements came during opening arguments in the long-awaited Hogan is suing Gawker for $100 million for publishing a clip without his consent, causing Hogan — whose real name is Terry Bollea — "severe emotional distress and harm." Gawker owner Nick Denton says if Hogan wins that much money, it could sink his company.
The clip shows showing Hogan having sex with Heather Clem, the now ex-wife of his friend and radio host Bubba the Love Sponge. Shortly after Gawker posted it, Hogan sued the Gawker for violating his right to privacy — there's been a fierce legal battle ever since.
Vogt asked the jury in his opening statement to consider if Gawker crossed the line in publishing the clip, and to decide if the video was "morbid and sensational prying into the private lives of others" or whether it was of "legitimate public concern" and had newsworthiness.
"This wasn't a story about political corruption, mayors smoking crack or Lance Armstrong breaking the rules," Vogt said. "This was a pornographic video recorded without someone's consent, and [Gawker] knew it."
Vogt argued that by publishing the video, Gawker's revenues and page views rose — as did the staff's bonuses. He said the company used social media to "virally market the video" to promote their brand and site.
"This is what bullying has become in the 21st century," he said.
Vogt also traced Hogan's life and career from humble beginnings to his struggle to become a wrestler, along with the damage his body endured, as well as the breakdown of his marriage with his first wife, Linda. Vogt said that it was at this low point in Hogan's life that he "gave in to temptation" and had sex with Heather Clem who was in an open marriage with his "best friend" Bubba the Love Sponge.
Vogt said that Hogan would not give excuses when he testified. "But it wasn't his choice that he was being recorded," Vogt said.
Vogt said that Gawker should be held accountable and compensate Hogan for "each of the 7-plus million people that watched him naked and having sex" and for the severe emotional distress it caused him.
"He's not claiming medical bills," Vogt said. "It's the mental suffering, the shame, the humiliation of having his naked body exposed all the time when people got to see it in their homes."
Michael Berry, a lawyer representing Gawker Media, argued in his opening statement that the 90-second edited clip Gawker posted complemented public interest in Hogan's sex tape.
Berry said news reports about the existence of the sex tape dated back months before Gawker even received it the mail. At the time, Berry said, Hogan talked about his personal life in a variety of ways, including in his two autobiographies, on TMZ, and various radio shows.
"He talked publicly about things more intimate than his sex life," Berry said.
Berry said A.J. Daulerio — the author of Gawker's commentary that accompanied the video — knew that in 2012 "celebrity sex tapes had become a cultural phenomenon."
He also knew, Berry said, that the video now in his possession answered questions from previous media coverage, including the identity of the unknown brunette.
Berry insisted that Gawker did not post Hogan's sex tape but rather, a clip of the sex tape with only nine seconds of intercourse.
"Mr. Daulerio knew to use only as much of the video as was necessary," Berry said.
Berry refuted the comments made by Hogan's lawyer, stating that Daulerio's post did not include any advertisements or promotions for products because advertisers don't like to have their ads next to such stories.
"Gawker did not make any money directly from this post," Berry said.
Berry stated that the reason Gawker posted the video and commentary — despite claims of not making any money off it — was because Gawker's founder, Nick Denton, "wants people to get the truth when they go to Gawker websites, and often, images are key."
Denton believes it is important to tell the truth, even if it involves a celebrity sex tape, Berry said.
"It important and it's lawful," Berry said.
Hulk Hogan
Scott Keeler / AP
Nick Denton
LINK: Hulk Hogan Can Search Gawker’s Emails And Servers Over His Racist Rant
from BuzzFeed - USNews http://ift.tt/1TEVlS4
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