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NEW YORK (CNN) -- A model who was slammed with derogatory terms by an anonymous blogger has the right to learn the identity of her online heckler, a judge ruled.
In August 2008, a user of Blogger.com, Google's blogging service, created "Skanks in NYC," a site that assailed Liskula Cohen, 37, a Canadian-born onetime cover girl who has appeared in Vogue and other fashion magazines. The blog featured photos of Cohen captioned with terms including "psychotic," "ho," and "skank."
Google must ha
In her ruling, the judge quoted a Virginia court that ruled in a similar case that nameless online taunters should be held accountable when their derision crosses a line.
She warned that Monday's ruling has "potentially damaging implications for free speech on the Internet."
Originally posted by ZindoDoone
reply to post by Roadblockx
More people read blogs than read newspapers. It;sone of the reasons so many pop culture magazine are in danger of going bankrupt. If the government wasn't trying to reign in and regulate blogs and internet content then I would agree with you. But this is plainly an assault on this woman's character with no proof and with malice of forethought on the part of this blogger. It is scary though that with this case and the others, it's going to be chilling to some when they post opinions online.
Zindo
A blog (a contraction of the term "weblog")[1] is a type of website, usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in reverse-chronological order. "Blog" can also be used as a verb, meaning to maintain or add content to a blog.
1. A series of explanations or interpretations.
2. An expository treatise or series of annotations; an exegesis. Often used in the plural.
3. An apt explanation or illustration: a scandal that is a sad commentary on national politics.
4. A personal narrative; a memoir. Often used in the plural.
Originally posted by ZindoDoone
reply to post by Roadblockx
According to the law and not opinion, what this blogger did falls into the category of slander and defamation. You and I agree that this is a slippery slope and that she is not a hottie but, there is precedent and since this blogger has shown no proof of the opinions he may have about this ex-model he could be prosecuted and sued.
Defamation and slander
Zindo
Opinion: It is said that a person's mere opinion, as opposed to an allegation of fact, cannot give rise to an action for defamation. It is important to note, though, that a statement which superficially appears to be an opinion may nonetheless contain a sufficient factual element to support a defamation action. The content and context of the statement will typically be considered in determining if the statement is actionable. A statement by an employer to the effect of, "Joe Smith is a pathological liar" is far less likely to be regarded as a mere opinion than a statement by a casual acquaintance. A statement by Joe Smith's psychotherapist to that effect, while possibly also violating duties of confidentiality, appears to be a medical diagnosis and thus, if false, may also support an action for defamation. Some jurisdictions have eliminated the distinction between fact and opinion in defamation actions, and instead hold that any statement that suggests a factual basis can support a cause of action for defamation.
Originally posted by Roadblockx
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