That sex tape was recorded and released without Hogan's consent or knowledge and the courts already ruled that Gawker was wrong for sharing it. It's a matter of privacy. Why does terrible journalism deserve any sympathy?
Sounds like the fault lies with the person who filmed him and released the tape. Once the tape is out there, why should others have to ask for "permission" to acknowledge that it exists?
Are you suggesting that journalists who covered Marion Barry doing cocaine on tape should have been sued because he was being filmed without his knowledge or permission?
The difference being here, of course, that sting operations aren't illegal and the act of videotaping Hogan having sex was not a sting operation nor was it authorized to be shared or distributed. I'd think this is all fairly obvious...