Google knew a popular YouTube comedian had a "personal vendetta" against former NSW deputy premier John Barilaro but left "racist" videos online that mocked his Italian heritage, a court has heard.
Mr Barilaro is suing Google over two videos posted by comedian and political commentator Jordan Shanks, who is known online as FriendlyJordies.
The videos, posted in September and October in 2020, accused Mr Barilaro of years of corrupt decision making, relied on racial stereotypes about the mafia and used slurs like "fat wog c**k", and "decadent conman".
Mr Shanks used a fake Italian accent in the videos, which are still live on YouTube, and can be seen leaving a giant Mario toy in a bed at Mr Barilaro's guesthouse which he rented through Airbnb.
Mr Barilaro's defamation suit against Mr Shanks settled in November last year but his case against Google, who owns YouTube, began on Monday.
Leading defamation barrister Sue Chrysanthou is representing the former Monaro MP and in her opening address highlighted that Monday was International Day for the Elimination of Racial Discrimination.
"It's a fitting day to start this trial," she said.
Ms Chrysanthou went on to launch a scathing attack of Google for deciding Mr Shanks's videos did not breach its own community guidelines.
"It's difficult to see how Google determined that video was not replete with racial slurs and stereotypes and egregiously insulting and offensive language," she said.
"Every second word virtually is an offensive stereotype or slur … it's one thing to criticise someone in public office … it's another to tie that alleged conduct to their ethnic background."
Ms Chrysanthou said Mr Barilaro would give evidence during the trial about the ongoing impact the videos have had on him and how they drove him to resign from politics in October last year.
She said he recently had to rewatch the videos in preparation to give evidence and was "absolutely horrified".
Last Friday Google dropped a number of defences it was due to argue at trial, effectively admitting they had published videos containing defamatory imputations.
However, the tech giant is upholding one defence: that the material was an issue of public interest.
Ms Chrysanthou and Justice Steven Rares agreed it would be interesting to hear the company's arguments for this defence.
"I'm laughing your Honour because it's a laughable defence," Ms Chrysanthou said.
Google is expected to give evidence that the media articles Mr Shanks relied upon in his videos, by the Sydney Morning Herald and the ABC, supported his allegations about pork-barrelling and corruption.
However, Ms Chrysanthou argued that one only needed to pause the videos or look the articles up to see they did not back Mr Shanks's claims.
"Google did not do a Google search of my client," she said.
"Had they done that, had they bothered, this is a company running a responsible journalism defence, they would have seen that they do not support the scandalous allegations being made by my client."
Mr Shanks, who had to edit the videos as a condition of settlement, claimed Mr Barilaro had made decisions to benefit friends or donors and was corrupt by virtue of the fact he could afford a second house.
"We're in a country where Malcolm Turnbull had such a nice house in his possession that he didn't want to live in the government provided house," Ms Chrysanthou said.
"The entire thesis is utterly absurd yet Google and all its teams and resources saw fit to leave it online."
The trial continues this week.
