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Twitter Reveals User Details In UK Libel Case

whoever57 writes "In a case that could have implications for the Ryan Giggs affair, Twitter revealed user details in response to a legal action filed in San Mateo county, CA by lawyers representing South Tyneside council. The alleged libel refers to critical comments made via Twitter. It is possible that one of the people making the critical comments is one of the council members."

27 of 127 comments (clear)

  1. also, details by Hazel+Bergeron · · Score: 2, Informative

    The footballer thing is about being silenced against telling the truth.

    The Tyneside council thing is about being identified for libel proceedings.

    Lots of people in the US have had the latter happen to them. But the former does not and still does not apply in the US. The only "implications" are that in both cases the complainant is from the UK.

    Also, this is one of the most boring distractions from real problems the media has been stirred up into obsessing itself with. Cameron's a smart fucker.

    1. Re:also, details by troll+-1 · · Score: 2

      I thought California had banned British libel cases so I wonder why the a California court is ruling against twitter in a Tyneside libel case?

    2. Re:also, details by DrgnDancer · · Score: 4, Interesting

      I believe truth is a defense in in US libel cases, which is where the case is apparently being tried. According to the Journalism about.com article: "Libel is by definition false. Anything that is provably true cannot be libelous. " I'll grant you that "about.com" is not he most reliable source ever, but I doubt they'd get this wrong. I realize that in the UK truth is not a Libel defense (which makes no sense to me at all, but no one asked me), but in California it almost certainly is.

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  2. Re:Could you stop, please? by Anonymous Coward · · Score: 4, Insightful

    Ryan Giggs. Ryan Giggs. Ryan Giggs. Ryan Giggs. Ryan Giggs. Ryan Giggs. Ryan Giggs. Ryan Giggs. Ryan Giggs
    My right to free speech is more important than the right to privacy of a public individual being protected by an abusive court order in a completely different jurisdiction. The fact that this is a legally enforceable order handed down by a branch of government makes it a political issue and thus political speech. If a court order was never issued in the first place people would have stopped caring by now.

  3. California company obeys California court order by ThreeGigs · · Score: 4, Informative

    Twitter is in California, and a California court ordered them to reveal information. Twitter is complying with the law.

    Try making it more relevant:
    Brits using American court system to sue Americans.

    Still News at 11 for me.

    1. Re:California company obeys California court order by ledow · · Score: 2

      Yeah, because the US *never* tries to override or manipulate a foreign court to get to foreign persons...

      *cough* Assange *cough* McKinnon *cough*

    2. Re:California company obeys California court order by jonbryce · · Score: 4, Insightful

      Well it is English people using the Californian court system to sue English people.
      Now they have the information they requested from Twitter, they will go back to England and take a similar action against the ISP. Then they will commence libel proceedings against the Twitter account holder; but if the tweets came from a cellphone connection - and twitter has a higher than average proportion of its visits from cellphones, the telco will only be able to say approximately which county the tweet came from, as lots of users share the same public IP address behind a NAT connection. For everyone else, there is the insecure Wifi defence.

    3. Re:California company obeys California court order by digitig · · Score: 3, Insightful

      This is absurd. Tweeting is like saying something on the street in public.

      I am not a lawyer, but I know the difference between libel and slander. I'm not sure you do.

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    4. Re:California company obeys California court order by digitig · · Score: 3, Informative

      The UK does not have free speech.

      Yes it does, via article 19 of the universal declaration of human rights, which is (indirectly) binding on all members of the UN. Of course, there are specific pieces of legislation that are problematic in the light of that right. The UK is not unique in having legislation that is -- er-- problematic in terms of its constitution [*cough* Patriot Act *cough*] is it?

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    5. Re:California company obeys California court order by jonbryce · · Score: 2

      This case isn't about Ryan Giggs. It is about some officials at South Tyneside Council who deny allegations of ballot rigging, drug taking and expenses fraud.

  4. He's suing the wrong people by oobayly · · Score: 2, Insightful

    Personally I think he should be suing his solicitors for not acting in his best interest. The details of almost every "super" injunction have been released, thanks mainly to parliamentary privilege. Once the injunction was made a lot of people wanted to know who it was, so when his name does get released there was massive coverage. They would have known this, but advising your client to put his hand in the air and say mea culpa means you can't charge quite so much.

    Quite frankly I couldn't give a damn about who it was and who he slept with, but some people do. The only reason I can see why is that people like Ryan Giggs actively sell themselves to the public - effectively training people to want to know everything about him - and he derives a handsome income from it. He also appears to sell himself as a family man, so having it made public that he had an affair may affect his earnings. Clearly he couldn't make a choice between keeping his dick in his pants and keeping his name clean.

    I don't like these injunction has they can be abused - as seen by Trafigura case.

  5. Freedom Of Speech, eh? by gowen · · Score: 5, Insightful

    Freedom of speech does not include the right to slander or libel people you don't like, and it absolutely does not include the right to do so anonymously. You have the right to free speech - but you also must obey the libel laws, and you must be prepared to take the legal consequences of your free speech.

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    1. Re:Freedom Of Speech, eh? by stevelinton · · Score: 2

      Twitter is not, in any reasonable sense, a place to have private conversations. A more interesting question perhaps is whether this is slander (defamation in a public but transitory form, as by telling a lot of people verbally) and defamation in a permanent form (as by printing a book). In fact, in this day and age is slander even possible?

    2. Re:Freedom Of Speech, eh? by thegarbz · · Score: 3, Insightful

      Except telling the truth is neither slander nor libel. This law is consistent in every country I have heard it used in.

      Ryan Giggs had an extra-marital affair with Imogen Thomas.

      See? That wasn't libel.

    3. Re:Freedom Of Speech, eh? by pdabbadabba · · Score: 3, Insightful

      This problem also occurred to the U.S Supreme Court in 1964. We now have an exception in defamation law for speech about public officials on matters of public concern. A public figure has to show that the speaker either knew what he was saying was false or spoke with reckless disregard for the truth. It's a very very tough standard to meet.

      See http://en.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan

    4. Re:Freedom Of Speech, eh? by cheros · · Score: 2

      Expecting to have a private conversation on Twitter is like having a discussion with megaphones on the street and expecting that to be somehow private.

      For heaven's sake, when did we remove the clue gene?

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    5. Re:Freedom Of Speech, eh? by namgge · · Score: 2

      Truth is also an absolute defense. .... Concepts like deliberate malice need to be part of their laws as well as proof of financial harm.

      Malice is part of UK defamation law; truth is not an absolute defence if the motive was malice. Namgge

    6. Re:Freedom Of Speech, eh? by Trepidity · · Score: 3, Informative

      Same as in the UK, which is part of the problem in this case; truth isn't an absolute defense under English libel law. However, in this particular suit in California court, they would have to follow California libel standards. A problem is that they may be able to siphon off evidence this way: sue in U.S. court, lose, but get some evidence through discovery, then introduce that evidence in UK court. A US court would not generally agree to do discovery for a UK libel suit, but it's not clear they would try to stop discovery for a US libel suit being used in a UK libel suit.

    7. Re:Freedom Of Speech, eh? by Ltap · · Score: 2

      IANAL, but from previous /. comments (the case of the chiropractors suing the skeptic), it seems that in British law, something counts as libel if it's considered damaging whether it's true or not, which makes review sites like Yelp very libelous indeed. For an example, if I told people that your restaurant had horrible service it would be libel because it damaged your business, whether or not it was actually true. From the perspective of someone from a legal system that values the truth (which, for all its faults, the American one does) this is absolutely abhorrent. I believe this has something to do with the foundation of libel law in Britain, which was designed to protect the nobility and rich businessmen from personal attacks.

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    8. Re:Freedom Of Speech, eh? by jimthehorsegod · · Score: 2

      Um, so say for example that rivals in your personal or professional life decide to run a newspaper ad and poster campaign (falsely) outing you as a child molester, complete with photographs of you and graphic descriptions of your actions, you'd take that on the chin, seeing as you'd have no defence?

    9. Re:Freedom Of Speech, eh? by Jedi+Alec · · Score: 3, Insightful

      Freedom of Speech is the ability to speak without consequence

      Wrong. Dead wrong in fact. With every freedom comes the responsibility of using it wisely.

      Freedom of Speech merely curtails what steps the state may take to stop you from saying things. It does not mean you can just say anything about anyone without any consequences.

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    10. Re:Freedom Of Speech, eh? by anotherzeb · · Score: 2

      "Libel law is a violation of free speech and should be abolished."

      So do you believe I should be allowed to email your boss and colleagues / friends / partner / newspapers / whoever else that you are a sadistic paedophile with details of your illicit sexual encounters?

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  6. Re:UK citizens are such pansies by Hazel+Bergeron · · Score: 2

    At this rate we'll get the reputation of being as lawsuit-happy as the US :-(. Though we've been Reagan's bitch ever since Thatcher. As, sadly, has the US.

  7. Re:UK citizens are such pansies by jonbryce · · Score: 2

    England is the go-to country for defamation lawsuits. Scottish courts are nowhere near as generous with their damage awards.

  8. Re:UK citizens are such pansies by Hognoxious · · Score: 2

    Is anything Scottish anywhere near generous? They only put salt on their porridge because it's cheaper than sugar.

    P.S. Nicely picked up. I missed it first time.

    --
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  9. Twitter v. Journalism by retroworks · · Score: 2

    The freedom of speech is not in question in the article. The journalistic source is also not in question. It appears that people who find Twitter turning this information over to be controversial are mistaking Twitter for a journalism publication. Twitter is the mechanical "printing press". Freedom of speech is not the same as freedom on anonymity. The Boston Globe or NYT don't demand that THEIR identity be protected, they demand that the source be protected (and don't always win on that, and sometimes the journalist has to sit in the pen awhile).

    In other words, there is good news and bad news about "self publication". The good news is that you don't have to convince a reporter or editor to run your story. The bad news is that you are identified the same as the editor or reporter is immediately identified when they run their story.

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  10. Re:Nice try but wrong; UK does not have free speec by digitig · · Score: 4, Informative

    How about Article 10 of the European Declaration of Human Rights, which trumps UK law, and the government in question (the EU) does enforce it (via the European Court of Human Rights). Sorry, but this whole "The UK doesn't have freedom of speech" is just a US myth, like the myth that we don't have a constitution -- we do, and it's legally enforceable. It can be difficult and expensive to pursue a case, but I don't think the UK is alone in that.

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