Morgan BellA Model Scorned: Landmark Blogging Ruling
August 19th 2009 19:13
Liskula Cohen, a former Vogue cover girl and supermodel, has won a landmark court battle to reveal the identity of an anonymous blogger who called her a "skank".
Cohen sued Google in January, forcing the company to reveal the person responsible for writing a blog called Skanks in NYC, which was hosted by Google's Blogger service.
This week 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.
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 anonymous blogger declared Cohen first-place in the 'Skankiest in NYC' awards, and wrote: "How old is this skank? 40 something? She's a psychotic, lying, whoring, still going to clubs at her age, skank."
Cohen is a Canadian. She is based in New York, and has modelled for Giorgio Armani and Versace. She hasappeared on the cover of the Australian edition of Vogue.
Some of the main points about this case are that Cohen is a real person and a high profile person who uses her name and reputation as part of how she markets herself. The anonymous blogger used Cohen's full name, occupation, and photos of her alongside disparaging allegations. The allegations were not absurd or satirical, they were presented as fact, and the kind of assertions that could be reasonably mistaken for fact.
Should bloggers be worried?
Only if you don't know the difference between critical commentary and defamation. If you want to criticise the words or actions of a celebrity you should have no problems. If you want to spread baseless rumours about their sex lives and present it as fact, be warned, it may be considered character assassination.
Celebrities are real people too. And they probably have more money than you.
Blog wisely.
See full story HERE.
Cohen sued Google in January, forcing the company to reveal the person responsible for writing a blog called Skanks in NYC, which was hosted by Google's Blogger service.
This week 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.
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 anonymous blogger declared Cohen first-place in the 'Skankiest in NYC' awards, and wrote: "How old is this skank? 40 something? She's a psychotic, lying, whoring, still going to clubs at her age, skank."
Cohen is a Canadian. She is based in New York, and has modelled for Giorgio Armani and Versace. She hasappeared on the cover of the Australian edition of Vogue.
Liskula Cohen
Some of the main points about this case are that Cohen is a real person and a high profile person who uses her name and reputation as part of how she markets herself. The anonymous blogger used Cohen's full name, occupation, and photos of her alongside disparaging allegations. The allegations were not absurd or satirical, they were presented as fact, and the kind of assertions that could be reasonably mistaken for fact.
Should bloggers be worried?
Only if you don't know the difference between critical commentary and defamation. If you want to criticise the words or actions of a celebrity you should have no problems. If you want to spread baseless rumours about their sex lives and present it as fact, be warned, it may be considered character assassination.
Celebrities are real people too. And they probably have more money than you.
Blog wisely.
See full story HERE.
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Comment by Jason King
Sydney Table
Salty Popcorn
Total Randomness
Comment by RubySoho
Music Zone
Thought Zone
Comment by Norm
Consumption Malfunction
Equal and Opposite
Arses and Elbows
Footy Power
If not, I'd plead temporary insanity.
Comment by Earl Leonard
Cook Focus
Earlsthoughts
Manners people. They matter.
Comment by Bryn
Horrorphile
Comment by Morgan Bell
Science News
Deep Pencil
Business News
Movie Train
oh i agree, she is a beautiful looking woman
hi Ruby,
anonymous and disgruntled bloggers will no doubt be trying to enforce a maximum age limit for celebrity "hags" across the globe . . . we will have to lock you up soon missy
hi Norm,
who needs facts when we have unbridled emotion?
hi Earl,
that could be a new slogan: anonymity leads to animosity
hi Bryn,
i think it just emphasises the (sometimes little known) fact that "free speech" is not limitless, there are still boundaries of fairness in place to protect people from out of control motor-mouths . . . Cohen still may not win the defamation suit, but it may make a few trolls think twice about accountability
Comment by Marc P
Koovies
Comment by Earl Leonard
Cook Focus
Earlsthoughts
Though to be fair animosity can lead to humble generosity as well. (much like all mans creations and capacities, the internet can be used for both good and evil!)
Marc P, you're like a new Mr Terrific! (Im not coming on to you, its a comic book reference).
Comment by Carolyn Cordon
Light Within
How do You Express Your Creativity?
Food Leaf
Comment by Wilson Pon
Health 2 Know
Adventure Toes
Techno Stuffs
boxing sound
Business Rope
Comment by Morgan Bell
Science News
Deep Pencil
Business News
Movie Train
i think the nice genuine people are more likely to put their work out there and put their names to it if there is a clamp put on the trolls . . . i think it was inevitable that the law would eventually catch up with the technology
hi Earl,
it would be wonderful if the good started outweighing the evil
hi Carolyn,
i take it you disagree with the decision?
hi Wilson,
theres a fine line between who is the predator and who is the victim, its all about perspective
Comment by Janet Collins
Acceptable Etiquette
The Social Critic
Janet Collins Blog
Comment by Morgan Bell
Science News
Deep Pencil
Business News
Movie Train
i think her career took a nose-dive after someone glassed her in the face in the 90s