An orthodox Jewish rabbi accused of having extra-marital
affairs has won a High Court ruling that Google must divulge the identities of
those who blackened his name.
Google's famous logo
By Hayley Dixon
3:14PM GMT 08 Feb 2013
The judge ruled that those who posted “weasly
comments” about Rabbi Chaim Halpern on his blog could not hide behind the
“shield of anonymity”
Google, who campaigners claim have a questionable
attitude toward private data, were not represented in court and did not resist
the rabbi's application.
The rabbi brought legal action after a blogger who
goes under the pseudonym "Ifyoutickleus" and several others are said
to have posted comments on his Google-hosted blog about him having affairs.
Mrs Justice Gloster ruled that Rabbi Halpern
"has been identified as the subject matter" of the blog, which
suggests "that he is somebody who conducts extra marital affairs, though
not on a scale of Ryan Giggs."
She ordered that Google hand over the identities of
those concerned to lawyers for the rabbi, a religious leader based in the
Golders Green Jewish community.
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The rabbi's barrister, Chloe Strong, said that
Google had remained neutral in relation to the application for the identities
to be revealed and, whilst they did not consent to it, neither did they oppose.
Google, “albeit innocently”, had become caught up
in a “wrongful act” and therefore has a duty to assist the rabbi by giving him
information so that he can identify the blogger, she told London’s High Court.
Allowing the application, the judge ordered Google
Inc to "disclose the registered name, address or IP address in their
possession in respect of the blogger Ifyoutickleus", as well as those of
the other individuals complained of who made comments about the rabbi.
In what may be viewed as a marker for future cases
in the English courts, Mrs Justice Gloster concluded: "I take the view
that if people are making what appear to be prima facie defamatory comments,
they should not be protected by the cloak of anonymity.
"Though of course the protection of freedom of
speech is very important, people who make weasly comments online in
circumstances such as this should not be allowed to hide behind the shield of
anonymity."
In 2009 Google, who say they will only give out
details uwhen ordered, revealed that student Rosemary Port was the author of
the anonymous Skanks in NYC blog which attacked model Liskula Cohen. Ms Cohen
then launched legal action.
Last month an Australian court ordered that Google
provide email addresses, telephone numbers and the IP addresses of the
individuals alleged to have defamed sports player-turned-businessman Shane
Radbone.
In the UK the ruling is known as a Norwich
Pharmacal order, which is granted against a third party when the identity of an
alleged wrongdoer is unknown, and it was first used in 1974.
It is now commonly used to force website operators
and service providers to reveal IP addresses and other details in potential
libel cases.
In July last year it was used to force Facebook to
disclose details of alleged ‘cyber-bullies’ to complainant Nicola Brookes.
A very stupid move of him...
ReplyDeleteI know for a fact that he plays with fire as police has already spoken to the ALLEGED victims... but at the moment they are keeping back going to court and are putting there hopes on the B'D'
But one little push to far!! they will run to court.
So Dr H. you have been warned !!
I think that what makes these bloggers particularly worthy of being unmasked is the fact that they claim to be privy to the information given to the rabbis who originally demanded that Rabbi Chaim Halpern step down. Spreading a rumor is bad enough, but spreading information while claiming that you have it from authorities is worse.
ReplyDeleteI think there are peculiar dynamics in the very religious community which have meant that the only effective means to deal with the problem of sexual abuse without facing an unreasonable reaction from the community leaders (such as violence; children's exclusion from schools and shuls; and being publicly defamed) is anonymous blogging.
ReplyDelete