Jim Carrey won
a major victory on September, 31 in his battle with the publishers of
Woman's Day over an
article which described him as "groper Jim". A Supreme Court judge threw
out a central part of the magazine's defence to the actor's defamation
action for damages and told it to modify other defences. The article, which
appeared in July last year, alleged Carrey sexually harassed female actors
and was offensive, erratic and childish. Justice John Hedigan ruled the
magazine could not argue as a defence that the "sting" of the article was
that Carrey was psychologically unstable. At a hearing in May lawyers for
Woman's Day argued Carrey's allegedly lewd, crude and disgusting behaviour
was simply a symptom of his mental instability. Jeff Sher, QC, quoted extracts
such as: "Jim would come to the set in weird and wacky disguises, grope
the female crew and cast members, then run away and think it was hysterical."
Mr Sher also said there were references to a "manic funny guy", his immature
attitude to women, and Carrey being "juvenile and sexually silly". But
Justice Hedigan said the headline of the article described the plaintiff
as "groper Jim" not "crazy Jim". It concerned his public and personal behaviour
and the way he treated female actors and his then wife Lauren Holly. The
judge said Carrey was a comic actor who relied on farce rather than wit
and the themes of his films were exaggerated behaviour. "In my judgement,
psychological instability, unattended by some limiting criteria, would
permit the dragging in of every variant in behaviour from some assumed
norm," Justice Hedigan said. "Phrases such as 'the manic funny guy' do
not seem to me to found any reasonable basis for the claim being made."
Allowing a generalization that Carrey was psychologically unstable to go
before a jury would have grotesque and insupportable consequences for a
plaintiff who claimed the article had a plain meaning. Justice Hedigan
said Mr Sher, appearing for ACP Publishing, argued that in simple terms
the actor was "nuts". Mr Sher told the court: "We are saying this man is
lewd, crude, disgusting, psychologically unstable and behaves in a reprehensible,
rattish and childish manner." But Justice Hedigan said Carrey's barrister,
Simon Wilson, QC, argued that the meaning of the article was quite clear
and no jury could think the magazine was saying his client was crazy. In
his statement of claim, Carrey said the magazine accused him of sexually
harassing actors Alicia Silverstone, Courtenay Cox, Jennifer Tilley, Drew
Barrymore and Courtney Love. He said he was portrayed as a "lewd, crude
and disgusting person" whose offensive behaviour caused actresses to refuse
to work with him. Justice Hedigan also threw out an ACP defence that it
could argue Carrey acted offensively towards women in general because he
did not tell his then estranged wife he had formed a relationship with
Lauren Holly. ACP will now have to make a fourth defence. No date has been
set for the trial of the action. |