A court has banned Rebel Wilson from speaking publicly or posting online about her co-star who she falsely accused of being involved in a ‘giant sex ring’ in an unaired portion of a TV interview.
Wilson is being sued for defamation in the Federal Court by Charlotte MacInnes, the lead actor in musical-comedy, The Deb, which was directed by Wilson and premieres on April 9.
MacInnes launched legal proceedings in September after a series of Instagram posts. Wilson accused her of complaining about unwanted sexual advances by producer Amanda Ghost, and then lying about it to get a record contract.
MacInnes denies the sexual assault occurred or that she complained about it to Wilson.
The matter is set for hearing before Justice Elizabeth Raper on April 20, but a case management hearing took place on Friday morning to address Wilson’s ongoing commentary about MacInnes.
On Wednesday, Wilson posted 23 Instagram stories saying she felt compelled to address the court case due to the ‘bombardment’ on her character, and falsely implied a photo of a woman in a sexual position on the floor was MacInnes.
MacInnes’s barrister Sue Chrysanthou SC told the court she was seeking orders to prevent Wilson from speaking about the proceedings, her client, or any witnesses in the proceedings.
Asked why an undertaking would not suffice, Ms Chrysanthou told the court Wilson couldn’t be trusted with anything less than a legally binding court order.
Rebel Wilson (pictured in November) is being sued by her co-star Charlotte MacInnes
The Deb actor Charlotte MacInnes (pictured) is suing Rebel Wilson in the Federal Court
‘[Wilson has] made her bed when it comes to what she should be allowed to say and not say, and she’s put herself in this position,’ she said.
‘Your Honour should not accept her promise.
‘She has not come to apologise to you, to my client or to the witnesses she maligned, and she’s not given any explanation via correspondence from her lawyer or in person.’
Ms Chrysanthou told the court she had granted Wilson a 15-minute time extension on Wednesday in relation to a court undertaking.
‘In the time we granted, Wilson went online again and said “I will not be silenced”,’ she said.
Ms Chrysanthou said Wilson’s wife also took to social media to comment on the case, and requested a court order to prevent anyone from making comments on Wilson’s behalf.
Wilson’s barrister Dauid Sibtain SC argued his client had contractual obligations to promote the film, and any orders preventing her from speaking about MacInnes or producers would stop her from fulfilling those obligations.
He suggested orders preventing Wilson from speaking about her colleagues should only apply in relation to the legal proceedings, leaving Wilson free to speak about MacInnes and producers while promoting the film.
Pictured: Rebel Wilson and Charlotte MacInnes (together, centre) at a party hosted by Wilson
Pictured: An image posted by Wilson on Wednesday with two women in a sexual position on the floor. Wilson wrongly implied one of the women was MacInnes
However, Ms Chrysanthou said Wilson would then be able to make disparaging comments about her client that were not directly related to court proceedings.
She referenced an Instagram story by Wilson on Wednesday which was not specifically related to court proceedings, but which falsely implied a photo of a woman in a sexual pose was MacInnes.
Ms Chrysanthou also said Wilson wrongly told journalist Tara Brown that MacInnes was ‘part of some giant sex ring’ in an unaired portion of a Nine Network interview, which was obtained by subpoena.
‘It’s a straight-out allegation she made to Tara Brown, and Nine was clever enough not to republish it, but it’s a separate allegation to these proceedings that is outrageous,’ said Ms Chrysanthou.
The sexual photo will form the basis of a further affidavit.
Mr Sibtain argued Wilson should be allowed to reference MacInnes and film producers during promotional interviews because, he said, ‘promotion’ was generally a positive term.
But Ms Chrysanthou said promotion wasn’t always positive, and that Wilson could say something like ‘isn’t it amazing that Charlotte was amazing in this film even though she was the victim of sexual harassment’.
Charlotte MacInnes is represented by defamation barrister Sue Chrysanthou
MacInnes denies any sexual harassment took place.
‘I don’t have to think too hard about the creativity she might engage to get around an order,’ Ms Chrysanthou said.
Wilson also claimed on Instagram that the film was funded by billionaire Sir Len Blavatnik, which Ms Chrysanthou said was not true.
Justice Raper ordered Wilson not to comment on the proceedings herself or through another agent, the subject matter of the proceedings, or anything about MacInnes or any other persons involved in the proceedings in an adverse or critical way.
The matter is one of three Wilson is embroiled in.
The Deb was a joint production between AI Film and Wilson’s company Camp Sugar, featuring Wilson both in the director’s chair and on-screen in a starring role.
Three of the film’s producers in the US and production company AI Film are seeking damages in the NSW Supreme Court.
That lawsuit claims Wilson made false and derogatory statements about the producers, including the accusations of engaging in inappropriate conduct towards MacInnes.
Rebel Wilson directed, co-produced and acted in musical comedy The Deb
Wilson called her co-producers’ NSW Supreme Court action an act of ‘spiteful toxic behaviour’ in a lengthy Instagram post last year.
‘Apparently I’m being sued in Australia?’ she began. ‘It makes no sense.
‘As the director, producer and co-star who nurtured a project called The Deb for five years from a three-page idea into a gorgeous feature film – I wish nothing more than to have this film released and have been working tirelessly behind the scenes to get this to happen.
‘To say otherwise is complete nonsense. I’m so proud of the film!
‘In my opinion this is continued bullying and harassment from UK financiers of the project Amanda Ghost, Gregor Cameron and Vince Holden.
‘They tried to prevent the film from premiering there (they lost) and now they’ve tried to stop the film being released because of a baseless US lawsuit and now a further Australian one.’
Wilson said it was ‘imperative the movie is released’ and added it was ‘sad’ to see the hard work of ‘so many Australians’ involved in the film go to waste.
‘Contractually, as financiers, they have the power to sell or release/distribute the film,’ she wrote. ‘They haven’t done so.
‘It’s been a year since the film has been completed and ready to go in cinemas. Instead, in my opinion they have continued this spiteful toxic behaviour.’
Wilson then revealed the first song in The Deb is called F*** My Life and released it for fans to hear ‘because if these f***wits aren’t going to release the movie I may as well’.
The Supreme Court matter, in which Wilson has filed a cross-claim, is next listed for a directions hearing on April 10 – the day after the film’s release.