Friday, September 30, 2011

Australian entrepreneur launches action in Supreme Court to force Google to release ID details behind abusive website

A libel is just grounds for legal pursuit in anyone's book but it would be a pity if this action closed down anonymity altogether. People sometimes have good and proper reasons for anonymity. A compromise arrangement whereby webhosts readily release ID info behind apparently libellous statements -- and only such libellous statements -- would probably be ideal
A legal showdown between Google and a Gold Coast entrepreneur could set a precedent that helps lift the veil from anonymous online commentators.

Self-help guru and motivational speaker Jamie McIntyre has launched action in the Supreme Court to force the internet giant to release details of those behind a website labelling him a "thieving scumbag", the Courier-Mail reported.

Mr McIntyre believes Google Australia is the only Australian company that knows who's behind jamiemcintyreexposed.com because of its paid advertising relationship with the website, the application says.

Leading communications law academic Professor Michael Fraser of the University of Technology, Sydney, said it would be an important test case on anonymous online commentators. "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," said Prof Fraser. "People can't ... be allowed to hide behind a cloak of anonymity. It will be interesting to see how this one plays out.

"Google says it will always comply with the laws in a jurisdiction they operate in and so if the court requires them to provide the information, I expect that they will."

Prof Fraser said a successful case could open the floodgates of legal action against online entities. "I think there will be more and more litigation as people exercise their rights online so that we get a regulated legal framework there as we do in the bricks-and-mortar world.

SOURCE

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