‘Kick a ball’: Magistrate’s tirade in celebrity gossip podcaster’s court case

A magistrate launched into a fiery tirade about social media, saying he doesn’t “understand it” and “we used to have thick skin back in my days” during a court case over a podcaster’s episode about a former reality television star.

Megan Pustetto had two charges of contravening an AVO dismissed without conviction on Wednesday. Picture: Instagram

A magistrate launched into a fiery tirade about social media, saying he doesn’t “understand it” and “we used to have thick skin back in my days” during a court case over a podcaster’s episode about a former reality television star.

Megan Pustetto, who hosts popular celebrity gossip podcast So Dramatic, fronted Waverley Local Court on Wednesday after previously pleading guilty to two counts of contravening a prohibition or restriction in an AVO.

Agreed facts revealed Ms Pustetto was issued and served an AVO for the protection of Dannii Erskine in November last year.

Ms Erskine appeared on the Seven Network’s Bride and Prejudice in 2019.

However, agreed facts state the final order was issued and served on the accused on March 2 and no registration of the Victorian AVO, in NSW, was served until July 11.

Ms Pustetto’s offending first took place on January 6 when she posted a story on her Instagram with a screenshot of the episode titled ‘295- Dannii Erskine Miniseries: I’ve been served’ where she also provided a link to the podcast.

Three days later, Ms Pustetto posted an episode of her podcast titled ‘Best of 2023: Dannii Erskine Miniseries: I’ve Been Served’.

Megan Pustetto was charged with two counts of contravene prohibition/restriction in AVO, following dramas with Danni Erskine, who appeared on Seven’s Bride and Prejudice show in 2019. Picture: Instagram

Megan Pustetto, hosts the celeb gossip podcast So Dramatic. Picture: Instagram

Agreed facts state it was a repost of an original episode published on June 5 last year where Ms Pustetto mentions Ms Erskine’s name out loud at three minutes and 15 seconds.

“By posting both the screenshot and the podcast, the accused has breached the condition of the order which restricts her from publishing on the internet any material about the victim,” agreed facts state.

Ms Erskine contacted NSW Police about the alleged breaches on January 11.

Ms Pustetto’s lawyer Phoebe MacDougall told the court on Wednesday her client “had reported on material that was already in the domain” and Ms Erskine had declined to comment.

The court heard Ms Pustetto was then “doxxed”, with her residential address posted online, where Ms Erskine told people “to attend Ms Pustetto’s house”.

Ms MacDougall submitted that her client agreed to Ms Erskine’s AVO “without admissions” to avoid “financial and emotional stresses”.

“This is not a matter where there is any type of physical violence … (or) threat of violence,” she said.

“In some respect … it has also had a toll on Ms Pustetto as well as Ms Erskine.”

Ms MacDougall said it was an “oversight” by her client to publish the material and that she was sincerely remorseful, which Magistrate Michael Barko accepted.

Pictured is Megan Pustetto. Picture: Instagram

During sentencing, Mr Barko said “I just don’t understand” social media.

“We used to have thick skin back in my days,” he said.

“(But) we didn’t have the internet … rather than fight in the schoolyard … now the whole world can see your thoughts.”

Mr Barko commended the recent federal ban on social media for children under 16, saying it was “fantastic” and instead kids should “get out there and kick a ball”.

“(Social media) is killing young people in particular,” he said.

“And quite frankly there’s a lot of adults who are committing suicide (with) very real psychological issues … reading too much on social media.”

Mr Barko admitted Ms Pustetto lived “in a world I know nothing of” and acknowledged she struggled with her mental health for some time.

He said there had been “some conflict” between her and Ms Erskine which wasn’t “clear on the material”.

“But … (there was) some animosity, colloquially, some b***hing,” Mr Barko said.

He ultimately dismissed the two charges without conviction, declaring the offending was at the lower end of objective seriousness.

Ms MacDougall told The Daily Telegraph Ms Pustetto was “relieved with today’s result” and she “is looking forward to moving on with her life and focusing on her career”.