Monday, March 04, 2024

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bains cohen solicitorsIf at the moment the battlefield where you fight for your good reputation is based online and those on the other side, appear to have a reasonably good understanding of the battleground and of the basic tools and ammunitions which are required to cause you maximum damage, you might want to seriously consider moving the battlefield elsewhere where it will be harder for your reputational enemies to fight back.

In other words, so long as the battle is fought online, your reputational enemies feel that they have almost supernatural powers to orchestrate deadly reputational attacks against you. Remember, the online battlefield is a magical world, where single individuals can replicate themselves continuously and where cowards may turn fearless over-night, just by staring at a computer screen.
Instead, if you turn the light on your reputational enemies, you will at once strip them of all their supernatural powers.

By simply declaring that you have decided to move the reputational battlefield offline, to the real earthy world, you will be able to get rid of almost all your reputational menaces.

By Yair Cohen

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INTERNET giant Google has lost a landmark legal battle that is expected to open the floodgates to online litigation against anonymous online commentators.

The Supreme Court in Australia ordered Google Australia to reveal details of the owner of a website which named an entrepreneur and self-help guru Jamie McIntyre a “thieving scumbag”, the Courier-Mail reported.

It is understood the website was not one of Google’s Blogs and that Google had obtained personal details of the owner of website through its advertising program.
 
Travis Burch, a private detective who was hired by Mr McIntyre to smoke out the website’s author so he could sue for defamation, said yesterday that it was “a good day for people who don’t frankly want to be defamed on the internet”. “We’ve done a lot of work in this area and identifying and pushing trying to expose people and tracking them down through records that they leave on the Internet,” Mr Burch said. “Having a win in courts just means we’re a couple of steps closer to bringing the person to a form of justice.” He added,“the content that appeared on that website and (has) been promoted through the website is blatantly defamatory.”
 
Australian Barrister John Bryson said he believed this was the first time legal action of this kind against Google had been successful in Australia. “People need to know that they can take on the big companies, the major players, and get a win,” Mr Bryson said.

Reported in the CourierMail.com, leading communications law academic Professor Michael Fraser of the University of Technology, Sydney, said “The internet is a mainstream channel of communication now so it can’t just be like the wild west outside of the rule of law.” He added, “people can’t … be allowed to hide behind a cloak of anonymity…”

In a statement which is encouraging to victims of online defamation around the world, including UK victims of online defamation, Google Inc confirmed that it will always comply with the laws of the jurisdiction they operate in and so if a court requires them to provide the information, they will.
 
UK leading Internet law expert Yair Cohen of the Internet Law Centre  said today that “although English courts are not obliged to bind themselves by decisions of Supreme Courts in other jurisdictions, decisions such as this could still be influential on our judges, who have very little local precedents available to them to help them come to the right decision in such cases of online defamation by individuals who choose to remain anonymous.
 

Tell us what you think!

IF YOU POST ONLINE WHAT IS CONSIDERED BY THE SUBJECT OF YOUR COMMENTS TO BE A DEFAMATORY COMMENT – WOULD YOU BE HAPPY FOR YOUR IDENTITY TO BE REVEALED?
SHOULD FACEBOOK, GOOGLE AND OTHER OPERATORS OF SOCIAL NETWORKING BE COMPLETED TO PROVIDE PERSONAL DETAILS OF THEIR USERS SO THAT THE COURT CAN DECIDE WHETHER OR NOT YOUR COMMENTS WERE DEFAMATORY?
IS IT RIGHT OR WRONG TO POST ANONYMOUS ONLINE REVIEWS ABOUT ORGANISATIONS AND BUSINESSES?

Write Your Comment Now!

 
 
 
 
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Yair Cohen Social Media LawyerBy Kit Chellel Sept. 30 (Bloomberg) — People who use fake names to post critical comments about companies on websites may not be as anonymous as they think, as firms use the courts to unmask online accusers. MoneySavingExpert, a British personal finance site with 5 million readers, was forced to hand over personal details about three users calling themselves Againstjpc, GomerPyle and Ladybirds, following a London court ruling in August. The three wrote comments on the website accusing JPC Group Sales Ltd., an affiliate of a U.K. publishing company, of being a “criminal enterprise” and “a scam,” the company said in court filings.  Read More

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The simple answer is that, yes, it is possible to remove web content from Google and quickly and here is how to do it.

You do need to bear in mind however, the recent data which was published by Google which shows the type of requests to remove web content that Google is likely to accept.

And although the data shows that there have only been a handful of cases where Google had agreed to remove web content from Google products, one thing is certain – Google, pretty much guarantee to adhere to court orders which means that an appropriate court order can resolve internet defamation matters fairly quickly. And because these applications for court orders to remove web pages from Google products are becoming more common and are hardly ever being contested by Google, the costs of obtaining them has become much more affordable in recent months and it is likely that the costs will drop further as the process is becoming more and more of a routine.

This is good information to have for anyone who is involved in any sort of business or has been the subject of a recent threat of internet defamation against them. Unfortunately we have now reached the point where almost everyone under this planet is a potential victim to some sort of internet defamation threat, which means we are pretty much all in this together.

Internet defamation expert

I have seen the devastation that online defamation brings from all different angles. From being the subject of it myself and through the experiences of small and independent businesses, as well as of  large organisations including international franchises and PLC companies. I have seen the pain in the eyes of a couple who owned a small family business for almost 15 years just for them to see it all collapsing in front of their own eyes as a consequence of a serious online reputation attack by a disgruntled employee who they had made redundant due to a previous incident of breach of trust.

This is why, some time ago, I made a real commitment to share my unique knowledge and experience in this very niche area of the law – “internet defamation” with as many business people as I can. My blogs are read by thousands of people every month and some of my work has been featured in business publications such as Forbes and Bloomberg Business Week.

In my blogs I have given many case studies covering a variety of businesses and situations and am updating this information all the time. This gives business owners and managers across the country an opportunity to learn from the experiences of similar businesses on the internet, so that they can now prevent and deal effectively with internet defamation. Perhaps one single piece of information that you read in one of these short case studies could one day make the difference for your own business.

I now post all the latest case studies and short tips about internet defamation on Twitter so if you were ever wondering how Twitter can help your business, follow me on @cyberlawexpert and enrich yourself with very useful information on internet defamation.Yair Cohen on Twitter

Best wishes,

 Yair Cohen

By Yair Cohen

 
 
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Dedication

Years of Internet Law Experience