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The latest article published about Online Defamation follows:
“Court backs dentist against Google
Tech behemoth Google has been ordered to hand over information which could help a Melbourne dentist track down a mystery person known only as ‘‘CBsm 23’’ who posted a negative review on Google that he claims was defamatory and damaged his reputation.
Dr Matthew Kabbabe claimed Google initially refused to help in his quest to track down the anonymous author, but the Federal Court of Australia ruled that Google must hand over information that will help him find out who CBsm 23 is, such as the name, phone number and IP address linked to the Google account.
Dr Kabbabe’s lawyer Mark Stanarevic, of Matrix Legal, said he had many other small business clients who had suffered financial hardship from fake reviews on Google and Facebook.
‘‘I’ve had people crying, sobbing on the phone, some even suicidal, who’ve invested in their business and lost their life savings.
‘‘One or two bad reviews is enough to sink them,’’ Mr Stanarevic said.
He said the ruling made it easier for other small businesses to obtain information about who had been leaving allegedly defamatory reviews on Facebook or Google, in a process known as preliminary discovery.
‘‘We have a process of how we can go about it now that the Federal Court has outlined it in terms of what criteria you need to fulfil to seek a preliminary discovery ruling,’’ Mr Stanarevic said.
The court ruling compelling Google to hand over the user’s information was Dr Kabbabe’s last shot at finding out who the mysterious CBsm 23 was.
He claimed he had previously written to Google requesting it take down the review, but it had refused to do so.
‘‘[We] do not have any means to investigate where and when the ID was created,’’ Google wrote back.
Despite a court victory that should make it easier for small businesses to track down the sources of allegedly defamatory reviews, Mr Stanarevic said the legal process was costly, and the bigger problem was tech giants’ inability to hand over the information without going to court.
‘‘Fundamentally, it’s a process problem,’’ Mr Stanarevic said.
The reviewer claimed they had a procedure at the dental clinic and that the dentist made the whole experience ‘‘extremely awkward and uncomfortable’’, the procedure was not ‘‘done properly’’ and it seemed like the dentist ‘‘had never done this before’’. They said other patients had ‘‘been warned!’’ and should ‘‘STAY AWAY’’, according to court documents.
Federal Court Justice Bernard Murphy ruled if Dr Kabbabe was given access to Google’s information about who CBsm 23 was, he could have a shot at proving the review ‘‘tended to lower his reputation as a dental surgeon in the opinion of right-thinking members of the community’’, which could lead to financial compensation.
If Dr Kabbabe uncovers CBsm 23’s true identity, he will launch a defamation case against him or her.
Peter Strong, chief executive of the Council of Small Business Organisations Australia, said while most customers had the common sense to ignore one or two bad online reviews, they could be emotionally damaging for business owners and their staff.
‘‘What it means is for people leaving these reviews who really lack courage, if they’re going to be nasty, justice will be taken,’’ Mr Strong said.”
Courtesy: Australian Financial Review and Liz Main
How to remove fake reviews through our fake reviews & online defamation removal service
Apart from Google, there are so many new review websites popping up, it is hard to keep up with them!
Our team will seek out on the web any negative or fake reviews posted attacking you or your business through our fake reviews & online defamation removal service.
When you are being attacked by a fake reviewer, it usually is fairly obvious because they go way overboard and exaggerate their negative claims.
They almost always use a fake account to hide, so they think they are safe from any legal consequences for their illegal activity.
Fake Reviews Legal Action Against Website
Websites who allow fake accounts to post fake reviews are not above the Law. They can be held legally accountable if they do not remove the fake account and fake reviews. If it can be proven that you have lost money due to the fake reviews or defamation, the website may have to pay you compensation!
Fake Reviews Legal Action Against Reviewer
As can be confirmed from the article above it is possible to find out who the fake reviewer is. Once this has been achieved legal action can commence against the reviewer and possibly financial compensation.
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