Internet not looking so anonymous now…

Anonymous blogger better think twice before posting nasties online…

Former model Liskula Cohen has sued Google forcing them to reveal the identity of an unsavoury anonymous blogger who runs and controls a blog hosted on blogger.com called Skanks of New York. It is claimed that the blog website features several libellous and defamatory comments about the former model, and as a result Cohen took legal action forcing Google to reveal the identity of the anonymous blogger. Cohen is now entitled to file a defamation lawsuit against the writer behind the now-defunct blog.

It is the same situation here in the UK, in a case earlier this year, Author of a Blog v. Times Newspapers Ltd. [2009] EWHC 1358 (QB), the Times newspaper was given the right to reveal the identity of an anonymous blogger. The anonymous blogger unsuccessfully tried to move the court for a preliminary injunction to restrain Times from revealing his identity on the basis that his anonymity is protected under the right to privacy enforced by Article 8 of the European Convention on Human Rights and Fundamental Freedoms.

Justice Eady declined the injunction primarily on the grounds that blogging was essentially a public and not a private activity and that it was in public interest to inform the citizens of the background of the blogger providing such views.

These two cases show that bloggers can no longer make throw away insults and claims behind the comfort of anonymity. Anonymity has always been a default option when blogging online, but these cases raise several important questions over whether we really have a right to anonymity and do bloggers have rights when it comes to voicing an opinion?

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  • http://www.360innovate.co.uk/blog/2010/03/would-your-website-stand-up-in-court/ Would your website stand up in court? | 360innovate Blog

    [...] If your website has any area where users can post information or content then moderation will be required. It is the responsibility of the webmaster to ensure that your website does not contain any libellous or damaging material; therefore it is important to consider the impact the content you and your users post has on others. Several cases have arisen from websites displaying malicious content or where owners have not correctly moderated the content, the most recent being the Google bosses being convicted of privacy violations. And in another instance a blogger in America a defamation lawsuit brought against blog Skanks of New York for the defamatory and libellous statemen…. [...]