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.
| 141 |
| Vote |
Comments (13)
Add Comments
