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Yelp Ordered To Identify User Accused of Defaming a Tax Preparer (bloomberg.com)
mi writes: California State Appeals Court ruled this week that Yelp can't shield the identify of an anonymous reviewer who posted allegedly defamatory statements about a tax preparer. "The three-judge appeals panel in Santa Ana agreed with Yelp that it could protect the First Amendment rights of its anonymous reviewer but it still had to turn over the information," reports Bloomberg. "The panel reasoned that the accountant had made a showing that the review was defamatory in that it went beyond expressing an opinion and allegedly included false statements."
The First Amendment protects you and me from the government. It does not protect you and me from each other.
If you say something about me I don't like, I can sue you. Of course, whether I win is another matter.
If it weren't for deadlines, nothing would be late.
Freedom of speech is not the freedom to defame. We have a system for handling defamation, and it seems to be working here.
Anonymity is a goal, it is not something you can declare.
Just like a secret is not a thing that you told people not to tell anybody; that's only an attempt at secrecy. If it is actually secret depends on if they actually tell anybody.
So for example a legally-protected Trade Secret, you have to keep it secret. It only protects you if somebody violates the law (including civil law, such as a contract) in disclosing it. But if you forget to make somebody sign an NDA and they tell everybody, guess what? It stopped being a secret as soon as you told them!
A lot of people believe, "If I can't see them, they can't see me" and so when they go online, they think they're anonymous; after all, they can't see any of the people with access to their activities!
If you don't want your publisher to be exposed to lawsuits intending to unmask your identity, don't tell your publisher your identity! In this case, that would mean both lying about your name, and also using a VPN.
Personally, if I say your business sucks online and you want to sue me over it, I wouldn't want to hide behind anonymity, I'd want to roast you in the media for it really hard. People don't like it when businesses do that, it is very bad PR!
After some digging to find the actual review, it seemed fairly tame to me. The reviewer should have a copy of the tax-return that was "sloppy" & a copy of the one they had completed by another firm, maybe it will prove the review to be accurate.
The review:
Too bad there is no zero star option! I made the mistake of using them and had an absolute nightmare. Bill was way more than their quote; return was so sloppy I had another firm redo it and my return more than doubled. If you dare to complain get ready to be screamed at, verbally harassed and threatened with legal action. I chalked it up as a very expensive lesson, hope this spares someone else the same.
SLOWER TRAFFIC KEEP RIGHT