Yelp told to hand over user ID's
Posted by: Timothy Weaver on 01/11/2014 04:52 PM
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Yelp, the review-sharing website, was ordered by Judge William G Petty, to identify anonymous reviewers who slammed a cleaning company.
Personal information was ordered to be turned over on the seven of its users who had panned Hadeed Carpet Cleaning. The cleaning company had no records of those seven or any complaints that matched what the seven had written.
The legal battle started in 2012. Yelp had been subpoenaed by the cleaners. Yelp took the matter to the court of appeals. But the Judge decided on the side of the cleaners; they had the right to protect their reputation over the rights of the anonymous posters.
"The freedom of speech – and within this, the freedom to speak with anonymity – is not absolute ... If we assume that the Yelp reviews of Hadeed are lawful, then the John Does may remain anonymous," the judge wrote in his decision.
"But if the reviews are unlawful in that they are defamatory, then the John Does’ veil of anonymity may be pierced, provided certain procedural safeguards are met. This is because defamatory speech is not entitled to constitutional protection."
Yelp plans to appeal.
The legal battle started in 2012. Yelp had been subpoenaed by the cleaners. Yelp took the matter to the court of appeals. But the Judge decided on the side of the cleaners; they had the right to protect their reputation over the rights of the anonymous posters.
"The freedom of speech – and within this, the freedom to speak with anonymity – is not absolute ... If we assume that the Yelp reviews of Hadeed are lawful, then the John Does may remain anonymous," the judge wrote in his decision.
"But if the reviews are unlawful in that they are defamatory, then the John Does’ veil of anonymity may be pierced, provided certain procedural safeguards are met. This is because defamatory speech is not entitled to constitutional protection."
Yelp plans to appeal.
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