Federal Judge Dismisses Dave Portnoy’s Lawsuit Against Insider
The online personality called the decision “disappointing” but not “overly surprising.”
A federal judge in Massachusetts dismissed a defamation lawsuit Barstool Sports founder Dave Portnoy filed against Business Insider, several outlets reported on Monday.
According to a report from The Washington Post, Chief Judge F. Dennis Saylor IV decided that Portnoy did not successfully prove that the news outlet acted with “actual malice” or “reckless disregard for the truth” when it published two articles about his sexual relationships.
The first article, published in Nov. 2021, detailed stories from women who said they had “violent” and traumatizing sex with Portnoy. A second piece was published in Feb. 2022 and includes sources who said Portnoy filmed sexual encounters without consent.
Portnoy has repeatedly denied the allegations and maintained that the sexual encounters were consensual and positive. He sued Insider in February following the publication of the second article.
Per The Post, Saylor tossed the complaint because it did “not allege that Insider’s anonymous sources were fake, or that the articles misrepresented what the women told [Insider’s reporters].”
“Furthermore, plaintiff admits that Insider investigated its first article for months, requested an interview with him, sought his comment before publication, included his denials, and hyperlinked to his news conference and his lawyer’s full denial letter,” the judge’s decision continued.
Saylor also noted that Insider corroborated their sources’ claims with photos, texts, medical reports, receipts, and accounts from their friends.
While Portnoy argued that these stories were an invasion of privacy as they pertained to his private sex life and the women involved were not his employees, Insider held that their claims were relevant.
“When a rich, famous, and powerful person uses their power in a way that is harmful to other people, it is newsworthy,” Nicholas Carlson, Insider’s Global Editor-in-Chief, previously wrote in an editor’s note.
Saylor largely agreed with that, saying that issues of consent and power are part of “legitimate public interest,” including in instances that arise outside “the employment context.”
An Insider spokesperson told The Post that the outlet is “pleased and gratified that the judge dismissed his complaint.”
“We knew from the start that our reporting was careful, fair, and accurate, but it’s gratifying to see that validated in court,” Julia Black, one of the reporters named in the lawsuit, tweeted in response to the news.
For his part, however, Portnoy has criticized the judge’s decision, calling it “disappointing” but not “overly surprising.”
“Every single lawyer said it was an uphill battle, every legal expert said it was an uphill battle, that it’s almost impossible for a public figure to prove defamation,” he said in a video posted to Twitter. “The laws are stacked against me.”
Portnoy said that he turned in texts and other evidence he believed would prove the sexual encounters were positive but claimed “the judge didn’t even really look at the evidence.”
He later read an excerpt from the judge’s decision that said Portnoy “can’t seek to prove actual malice by challenging statements that defendants did not publish.”
“In other words: Business Insider did not publish any of my shit, I can’t talk about it, it’s not part of the case,” Portnoy explained. “It’s inadmissible.”
He said he could appeal the decision if he wanted, but added he was not optimistic about how that would turn out for him. He floated the idea of suing the sources themselves, noting he thinks he would stand a better chance in such a case.
See what others are saying: (The Washington Post) (The New York Post)
Twitch Tightens Policies on Explicit Deepfakes
“The creation, promotion, or viewing of this content is not welcome on Twitch,” the company said in a blog post.
New Rules Regarding “Synthetic NCEI”
Twitch is cracking down on explicit deepfake content and will indefinitely suspend users who share or promote it after a first offense.
“The existence of this content, and its presence and distribution on various sites, is personally violating and beyond upsetting. Deepfake porn isn’t a problem on Twitch, but it’s a terrible issue that some streamers (almost exclusively women) may face on the internet at large,” Twitch said in a Tuesday blog post, explaining it wants to “help streamers protect themselves” in any case this issue arises.
Twitch referred to this content as “synthetic non-consensual exploitative images,” or “synthetic NCEI,” but many of the platform’s users have casually referred to it as deepfake porn. Synthetic NCEI involves someone taking the face of another person and editing it into a pornographic video to make it appear as though that person filmed themselves demonstrating those sexual acts. The new rise in access to this technology has concerned many, as it is easy to use it to exploit others.
While synthetic NCEI is already banned on Twitch, the company took a more actionable step against it in its Tuesday post by creating an Adult Sexual Violence and Exploitation policy. The new rule prohibits the intentional sharing, promoting, or creation of synthetic NCEI and those acts can result in an indefinite suspension on the first offense.
Twitch also updated its Adult Nudity policy to include synthetic NCEI. Even if it is only shown briefly, that content will still be taken down and result in an enforcement.
In addition to the policy changes, Twitch made available a list of resources for those who might be impacted by or wish to learn more about synthetic NCEI.
“The creation, promotion, or viewing of this content is not welcome on Twitch,” the company said closing its blog post.
Growing Concerns About Explicit Deepfakes
Twitch’s updates come as synthetic NCEI and deepfakes have become a primary topic of concern for social media platforms. Earlier this year, Twitch was home to a major deepfake controversy after a streamer known as Atrioc was caught with an open tab to a website that hosted these videos. That site specifically hosted deepfakes of female Twitch streamers, some of whom were Atrioc’s colleagues.
Many women featured on the page spoke out against these deepfakes, explaining the trauma they endured knowing their face, image, and likeness were used in a sexual manner without their consent. It’s an issue that extends far past Twitch creators. Some fear they could be used for revenge porn, and there are already several cases where the technology is used to create sexual videos of celebrities.
On Tuesday, NBC News published a report finding that Facebook and Instagram ran suggestive ads featuring deepfakes of actresses like Emma Watson and Scarlett Johansson. The ads were for a deepfake app that told users they could “replace face with anyone.”
While the ads did not show explicit pornographic content, one ad featuring Watson was clearly meant to mimic the start of an explicit video, suggesting a sexual act was about to start. The face of the “Harry Potter” actress was seen looking into the camera before bending down.
The report found that 127 ads with Watson deepfakes and 74 with Johansson deepfakes ran across Meta’s platforms on Sunday and Monday, but have since been removed. The app in question was also removed from the Apple app store after NBC News contacted the tech giant for comment.
See what others are saying: (The Verge) (Engadget) (Kotaku)
Fans Defend Pedro Pascal After Actor Refused to Read Thirst Tweets: “It’s Sexual Harassment”
Pascal has been dubbed the Internet’s “daddy,” but many think the joke has gone too far.
Pascal’s Heartthrob Status
Fans are defending actor Pedro Pascal after he refused to read thirst tweets on the red carpet, arguing that it is inappropriate and disrespectful to ask him to do so.
Pascal, the star of HBO’s “The Last of Us” and Disney+’s “The Mandalorian,” has become a major Hollywood heartthrob. He has even been widely dubbed as the Internet’s “daddy” by those posting about his handsome looks. The running joke grew last year when he did a Vanity Fair lie detector test and said he considered himself a “bigger daddy” than “Star Wars” star Oscar Isaac.
“Daddy is a state of mind, you know what I’m saying? I’m your daddy,” he quipped during the interview.
Since then, TikTokers have started posting thirst trap edits of Pascal, journalists have called him “daddy” on the red carpet, and interviewers have shown him tweets where fans call him a “cool, slutty daddy.”
Pascal has been a good sport about the public displays of lust for him, but many think the joke may have crossed a line. During last week’s red carpet premiere for season three of “The Mandalorian,” an Access Hollywood reporter went viral for asking Pascal to read thirst tweets to the camera. Pascal politely declined.
“No. Dirty! Dirty!” he told the reporter after reading through the tweets.
“For your enjoyment only,” she responded.
“Thank you very much,” Pascal said before exiting the interview.
Fans Condemn Thirst Tweet Interviews
In response, many who watched the clip condemned this treatment of Pascal, arguing it promoted constant objectification.
“I think it’s time for the internet to leave Pedro Pascal alone,” one person wrote. “It’s sexual harassment, but no one seems to care bc he’s a man + is graceful about it. It’s really gross and I would never want to be treated like that.”
“These jokes have gone way too far and he’s visibly uncomfortable,” another fan added.
Some claimed that while the Internet’s love of Pascal “started as harmless fun…the constant public objectification and sexualization must be terrible” and should stop.
“Being attractive, banking on it, selling it, and even at times enjoying some of the attention, doesn’t give everyone wholesale permission to sexualize you,” someone else argued.
See what others are saying: (IndieWire) (The Gamer) (BuzzFeed News)
Conservatives Pledge to #BoycottHershey After International Women’s Day Campaign Featured a Trans Woman
“I hope this campaign shows trans girls they can dream big and change the world too,” activist Fae Johnstone said in her Hers for She video.
Hershey Highlights Fae Johnstone
Step aside, Green M&M. Conservatives have a new candy that they’re mad at: Hershey bars.
On Wednesday, Hershey Canada unveiled its “Her for She” International Women’s Day initiative, which aims to celebrate “women changing the future.” Conservatives were quickly outraged by the company’s choice to highlight Fae Johnstone, a trans woman and LGBTQ+ rights activist, as part of this effort.
“We can create a world where everyone is able to live in public space as their honest and authentic selves,” Johnstone said in a “Her for She” video.
In addition to Johnstone, the campaign features gender equality activists, a climate tech researcher, and an indigenous rights activist, all of whom have fought for progress in their respective fields. The women will appear on Hershey’s websites, in marketing promotions, and in artistic renderings on Hershey bar wrappers.
Johnstone wrote on Twitter that she hopes Hershey’s campaign will “give more young women and girls role models” who can demonstrate how to “change the world, together.”
“It also means a lot to be included, as a young(ish?) trans woman,” Johnstone continued. “I grew up with few trans role models. Many young trans folks haven’t met a trans adult. I hope this campaign shows trans girls they can dream big and change the world too.”
A Swift Transphobic Backlash
This decision, however, prompted right-wing Twitter users to accuse Hershey of hating “real” women. Many of the posts included blatantly transphobic rhetoric, as well as promises to boycott the company because it went “woke.”
The outrage was so prominent that #BoycottHershey was one of the top Twitter trends on Thursday morning.
This backlash comes just a little over a month after conservative media figures like Tucker Carlson slammed M&M for making the green mascot character, well, less sexy.
In response to Mars changing the green candy’s outfit, Carlson accused the Mars company of making its characters “as unattractive as possible because when you’re intentionally repulsive, it’s clear you’ve got the right politics.”
Not long after the right-wing backlash, M&M opted to replace its “spokescandies” with actress Maya Rudolph.
The conservative outrage targeted at both Hershey and M&M is part of a larger culture war against any company that makes changes to address diversity, climate change, or other social issues. Brands like Xbox, “Sesame Street,” and more have at one point provoked the ire of Fox News hosts and other Republican figures.
In fact, their outrage against these progressive changes has become so common that once #BoycottHershey was trending, some tweeted that they did not even have to click on the hashtag “to know that they must have done something compassionate that the right hates.”