Tech Bytes, a newsletter from Shadboltlaw.com, reports on the first Facebook defamation case.
In the case the complainant obtained a court order requiring Facebook to disclose:
- the registration details of the user who created a fake profile and group;
- the IP address of the computer that was used to create the fake profile and group; and
- details of Facebook activity undertaken from the computer using that IP address.
The court upheld the complainant's case that a false profile and group had been set up on Facebook. He was awarded libel damages.
In the case the complainant obtained a court order requiring Facebook to disclose:
- the registration details of the user who created a fake profile and group;
- the IP address of the computer that was used to create the fake profile and group; and
- details of Facebook activity undertaken from the computer using that IP address.
The court upheld the complainant's case that a false profile and group had been set up on Facebook. He was awarded libel damages.
John Warchus, a partner at Shadbolt said of the case that it:
Warchus says that:
Shadboltlaw.com
Man sues for Facebook defamation
"highlights the increasing willingness of courts to order the disclosure of data which could be used to identify an individual or individuals posting defamatory content on social networking sites. Such content has the potential to cause serious reputational damage to a company or individual if the content is published to a large number of people."
Warchus says that:
"Businesses should also note that they must refrain from knowingly (or tacitly) allowing their employees to post defamatory comments about competitors (or third parties), as it is likely that a claim could be made against them as well as the employee involved.
"In order to minimise risks, companies should have clear policies in place setting out how employees should use social networking sites and a clear monitoring policy which allows the employer to access the company IT system to check that policies are being followed in practice.
"Finally, the decision shows that, as well as a claim in defamation, individuals can also bring a claim based on breach of privacy for which damages can be awarded."
Shadboltlaw.com
Man sues for Facebook defamation
