Source : ABC NEWS
A former professional footballer is suing the AFL and Fox Sports for more than $1.2 million over an incident in which “compromising footage” of him was aired on live television in 2013.
Ricky John Henderson, 37, was an Adelaide Football Club (AFC) player at the time of the incident, on April 6, 2013, in that season’s second round.
In court documents seen by the ABC, it is alleged that Mr Henderson was recorded in the changing rooms of the Gabba at half-time as he “stepped away from the player group to adjust his shorts and undergarment, which involved pulling down his shorts and athletic support garment and exposing his genitals”.
The lawsuit has been lodged in South Australia’s District Court, with Mr Henderson claiming $1,213,867 in damages on the basis the incident was a breach of confidence, an invasion of privacy, and negligent.
In a statement of claim filed with the court, Mr Henderson alleges the “unauthorised use of the footage by way of the broadcast” caused “extreme embarrassment and hurt” as well as “a diagnosable mental illness”.
The documents also alleged the broadcast “invaded the privacy and violated the human dignity” of Mr Henderson.
Ricky Henderson was adjusting his shorts when his genitals were exposed on live television. (Fox Sports)
The documents further stated that Mr Henderson had subsequently developed an “acute stress disorder, which developed into a chronic post-traumatic stress disorder”.
In addition, the documents also alleged Mr Henderson had experienced low mood and anxiety, feelings of anger and resentment, socially avoidant behaviours, hyper-vigilance, disturbed sleep, loss of motivation, relationship difficulties, and nightmares and intrusive thoughts about the incident.
They also stated the “injuries and resulting disabilities” had led to “periods of total and partial incapacity” for employment and “economic loss and a loss of earning capacity”.
In its statement of defence, Fox Sports claimed the footage was not captured in the changing rooms at the Gabba and “denies that the applicant [Mr Henderson] is entitled to the relief claimed or any relief at all”.
“Rather, the footage was captured in the ‘kicking room’ which is a public warm-up area attended by players, coaches, trainers, medical staff and members of the public, including media,”
the defence statement said.
It said the kicking room was “entirely separate and distinct from the private change-room facilities” where no broadcast cameras were allowed.
Ricky Henderson’s genitals were aired during the half time break of the 2013 clash with Brisbane at the Gabba. (Fox Sports)
The defence documents said fixed cameras had been present in the “public warm up area for both home and away teams at all AFL grounds” for several years, and that Mr Henderson was playing his 44th game at the time, including at least two prior matches at the Gabba.
“Mr Henderson knew, or ought reasonably to have known, that the fixed camera captured the footage from the kicking room before, during [including during breaks] and after each match for broadcast,” the documents said.
Fox Sports further said it did not broadcast the footage, but had operated the camera in the kicking room and “selected in real-time which camera angles, replays or other vision would be included in the feed delivered to Foxtel for live broadcast”.
The documents said Fox Sports “admits” Mr Henderson’s genitals were exposed, but “denies” that he stepped away from the group to adjust his shorts and undergarment.
“Fox Sports says that Mr Henderson adjusted his shorts and undergarment near the middle of the kicking room, in the full and open view of other AFC players and staff,” the documents stated.
“Fox Sports says that Mr Henderson adjusted his shorts and undergarment directly in front of and in view of the fixed camera.
“All players were on notice of the presence of the fixed camera in the kicking room.”
Further, Fox Sports denied the broadcast had caused Mr Henderson, who later went on to play for Hawthorn, extreme embarrassment and hurt or to acquire and suffer any diagnosable mental illness.
In its defence, the AFL said the player ought to have been aware of the fixed camera. (AAP: Mal Fairclough)
In its statement of defence, the AFL also denied that Mr Henderson was entitled to any damages “as alleged, or at all”.
The documents similarly stated that Mr Henderson “ought to have known” about the presence of the fixed camera in the kicking room.
“The applicant knew or ought to have known that live footage was streamed from the fixed camera and/or other cameras located in the kicking room,”
the AFL said.
“The kicking room was not a changing room, and this was known by the applicant or in the alternative ought to have been known by a reasonable person in the position of the applicant.”
The AFL also denied breaching any duty of care and denied that Mr Henderson had suffered any injury, disability, or economic loss due to the incident.
However, both Fox Sports and the AFL acknowledged the incident had received significant media, social media and internet attention and was the subject of widespread commentary at the time.
The matter returns to court later this month.
