In a significant ruling within the online gaming community, an Australian court has ordered YouTuber Karl Jobst to pay over AU$380,000 (approximately $237,000 / £183,000) in damages to renowned arcade gamer Billy Mitchell. The decision relates to defamatory statements Jobst made in a video published back in 2021. Jobst, a Queensland-based content creator, focuses primarily on speedrunning and competitive gaming analysis on his YouTube channel.
Background on Mitchell’s Record Controversy
The core issue stems from 2017 when Billy Mitchell’s high scores in Donkey Kong faced scrutiny. This challenge eventually led to his records being removed from both the Twin Galaxies and Guinness World Records databases. A complex series of legal actions followed, which ultimately saw Mitchell’s records reinstated. Amidst this, Mitchell pursued legal action against the late YouTuber Benjamin Smith (known online as Apollo Legend), who had produced videos alleging that Mitchell had cheated to achieve his scores.
Jobst’s Defamatory Video Content
Karl Jobst’s video, titled ‘The Biggest Conmen in Video Game History Strike Again!’, contained the core defamatory claims. It suggested that a settlement between Mitchell and Smith involved Smith paying a substantial sum, implying this financial pressure contributed to Smith’s tragic suicide in 2020. Furthermore, Jobst alleged in the video that Mitchell had “expressed joy at the thought” of Smith’s death. It was these specific allegations regarding the settlement and Mitchell’s reaction, rather than the validity of the Donkey Kong scores, that formed the basis of Mitchell’s lawsuit against Jobst.
Court’s Findings on the Mitchell/Smith Settlement
Judge Ken Barlow determined that the 2020 settlement between Mitchell and Smith did not involve any monetary payment from Smith to Mitchell. Instead, the terms required Smith to remove all YouTube videos and social media posts concerning Mitchell, transfer the copyright of these removed videos to Mitchell, and agree to refrain from publishing further content about Mitchell. Breaching this agreement would incur a $25,000 penalty per instance.
Video Edits, Reach, and Jobst’s Conduct
The court noted that Jobst initially claimed in his video that Smith was ordered to pay $1 million to Mitchell. This figure was later edited multiple times between May and June 2021. One edit occurred after Mitchell indicated in his own video an intent to respond legally, and another followed confirmation from Smith’s brother to Jobst that no money had changed hands in the settlement. Judge Barlow highlighted that Jobst’s video had been viewed by over 500,000 people (including 20,000 in Australia) and generated numerous comments accusing Mitchell of serious wrongdoing, including murder. The judge also commented on Jobst’s reaction after receiving a concerns notice from Mitchell’s lawyers in 2021; Jobst had publicly posted on Twitter, calling the claim “exciting” and anticipating the case would be “an amazing experience”.
Damages Awarded
Consequently, Jobst is ordered to pay AU$300,000 for non-economic loss damages and an additional AU$50,000 for aggravated damages, plus AU$34,668.50 in interest. “He may well have been justified in being ordered to pay more than AU$50,000 in aggravated damages,” Judge Barlow stated, “but that is the amount being sought by Mr Mitchell and that is the amount I shall award.”
Following the ruling, Jobst posted on X (formerly Twitter): “I lost. The judge found Billy to be a credible witness and believed his entire testimony. From that point on unfortunately there was really nothing that could have saved me. I will now obviously consider my options. I know many of you will be upset with this and I am sorry for that. Thank you again for all the support I have received and I will endeavor to work as hard as I can to repay all that you are owed.”