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Australian YouTuber hit with landmark action alleging defamation
An Australian YouTube content creator is being sued over product reviews, which Lawyers Weekly understands is likely the first case of its kind in Australia.
Lauren Croft
Stephan Fischer, a content creator known for his popular detailed 4WD travel and product testing videos on YouTube, has been hit with a lawsuit after he posted reviews online warning of the “declining capacity” of lithium car batteries.
Fischer, a retired entrepreneur, has a YouTube following of almost 55,000, with 419 videos, including an explainer of the defamation action. His channel, AllOffroad, focuses on 4WD travel and gear testing.
In October 2019, DCS and Fischer entered into an agreement where DCS provided Fischer with its products, free of charge, in exchange for Fischer posting unbiased reviews online after using several sets of DCS’ LiFePo4 under-bonnet batteries in his vehicle. The reviews followed independent testing on the batteries by an auto electrician.
After extensive testing over three years, Fischer raised concerns about the batteries’ performance and suitability for off-road and camping use in videos posted in 2023. DCS alleges that Fischer’s reviews were made maliciously and resulted in significant financial losses.
According to the statement of claim, Fischer made “defamatory” comments and publications within two video reviews and several Facebook comments about DCS and its batteries, for which DCS is now seeking “compensatory damages” to “vindicate its reputation”, repair damage to its reputation and “compensate for the economic loss caused by the publication of the imputations”.
However, Fischer said he stands by the accuracy of his reviews and intends to defend his rights to honest opinion and publication in the public interest.
The lawsuit, which involves potential legal costs exceeding $200,000, marks a significant moment for content creators and viewers who depend on unbiased product reviews, according to Fischer.
“I am committed to unbiased, honest feedback based on factual information. My reviews include disclosures whenever products are provided for free, ensuring transparency and integrity,” he said.
“This case is not just an attack on me, but it is a significant risk to the principle of honest journalism across digital platforms.”
Piquet Kruzas from NetCounsel Lawyers is representing Fischer and said this was an important case as people should be free to upload honest reviews of products on social media.
“When a company weaponises defamation law against ordinary Australians to stifle honest reviews of their products or services, that is a concern for all of us,” he said.
“There are defences available to Mr Fischer under the Defamation Act, but it is an enormous endeavour for an individual to properly run those defences in a court, especially against a well-resourced corporation who is the plaintiff.”
Lauren Croft
Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.
