[LINK] reveal or not? Court says reveal
Jan Whitaker
jwhit at janwhitaker.com
Thu Aug 20 09:12:14 AEST 2009
[the lines of exposing bad behaving people and protecting others is a
balancing act. This is being presented on ABC Radio Melbourne as a
landmark decision]
http://www.theage.com.au/technology/technology-news/model-forces-google-to-reveal-skank-bloggers-identity-20090819-epz0.html
Model forces Google to reveal 'skank' blogger's identity
Asher Moses
August 19, 2009 - 1:50PM
A former Vogue Australia cover girl has won a landmark court battle
to reveal the identity of an anonymous blogger who called her a
"skank" and an "old hag".
Model Liskula Cohen sued Google in January in the hope of forcing the
company to reveal the person responsible for allegedly defamatory
comments on a blog called Skanks in NYC, which was hosted by Google's
Blogger service.
"I would have to say the first-place award for 'Skankiest in NYC'
would have to go to Liskula Gentile Cohen," the anonymous blogger wrote.
"How old is this skank? 40 something? She's a psychotic, lying,
whoring, still going to clubs at her age, skank."
Cohen, who is actually 37, believed the posts were defamatory but was
forced to take action against Google in order to unmask the blogger's
identity before she could take further action.
On Monday in the US, Judge Joan Madden ruled that Cohen was entitled
to sue the blogger for defamation and, in an unprecedented move,
forced Google to provide the blogger's name.
The name will presumably be revealed in court. It is unclear when the
matter will return to court.
The tall, blonde Canadian, who is based in New York, has modelled for
Giorgio Armani and Versace and appeared on the cover of the
Australian edition of Vogue.
But Cohen's modelling career ground to a halt in January 2007 when a
man stabbed her in the face with a broken glass, requiring her to get
46 stitches, the New York Post reported.
The man, who was sent to jail, became angry after she objected to him
stealing a bottle of vodka from her table.
Judge Madden rejected the claims by the blogger's lawyer that the
comments were mere opinion or "trash talk", and that only factual
assertions could be considered libellous.
"The thrust of the blog is that the petitioner is a sexually
promiscuous woman," Judge Madden wrote in her judgment, noting that
the comments were run alongside photos of Cohen in suggestive poses.
The blog, which was shut down in March, was almost entirely devoted
to slagging off Cohen. It contained just five entries, all of which
were published on August 21 last year.
"I really hope it's not somebody I know," Cohen told the New York Post.
"I'm a human being. I bleed. I have feelings. When I saw that blog,
it was awful. All I can say for this person is, I really truly hope
that they have more in their life than this."
Cohen's lawyer, Steven Wagner, told reporters that he hoped the
decision would send a message that the internet was "not a free-for-all".
Anne Salisbury, the lawyer for the blogger, warned that the ruling
would open the "floodgates" for anyone who has been the subject of a
nasty comment online to take legal action.
A Google spokeswoman said: "We sympathise with anyone who may be the
victim of cyber bullying. We also take great care to respect privacy
concerns and will only provide information about a user in response
to a subpoena or other court order."
In July, a landlord filed a lawsuit against a Chicago woman for
writing on Twitter that her apartment was "moldy".
The landlord claimed the tweet damaged the company's reputation, even
though the woman had only 20 Twitter followers at the time.
Melbourne, Victoria, Australia
jwhit at janwhitaker.com
blog: http://janwhitaker.com/jansblog/
business: http://www.janwhitaker.com
Our truest response to the irrationality of the world is to paint or
sing or write, for only in such response do we find truth.
~Madeline L'Engle, writer
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