Tuesday, January 15, 2013

SA court orders Google to unmask defamatory bloggers

Former Sturt and Essendon footballer Shane Radbone has taken on Google. Picture: Tom Lee. Source: The Advertiser

A SOUTH Australian court has given global internet giant Google 28 days to unmask the bloggers who allegedly defamed former footballer Shane Radbone.

The South Australian District Court, sitting in Adelaide, this morning gave the $38 billion corporation a strict deadline under which it must open its files to Mr Radbone's lawyers.

The one-time SANFL player and Essendon draftee claims users of Google's popular blogger.com network defamed him by claiming he was "an incompetent sportsman and businessman".

Master Mark Blumberg's ruling is the latest hit Google has taken in the Australian courts.

In November, the company was ordered to pay a Victorian man $200,000 in damages because its search engine linked him with underworld figures, including gangster Tony Mokbel.

Mr Radbone and his wife, Victoria filed a court suit over five blogger.com websites.

They claim those sites relate to his post-football career as chief executive of 7-Eleven Australia, VIP Services and Allied Brands Ltd - operators of the Baskin-Robbins ice-cream parlour franchise.

They also assert the sites portray him as having committed fraud, unlawfully borrowing $1 million and having been advanced $750,000 "in unethical circumstances".

"They convey the imputation that he has committed a scam, has engaged in criminal conduct and corrupt business practices," the couple's court papers claim.

"They convey (that) he was an incompetent footballer, sportsman, businessman and CEO, has behaved in a disgraceful manner and has given poor business advice to the business community."

Last week, The Advertiser revealed Google had deleted the blogs following correspondence with Mr Radbone's counsel.

Today Ted Guthrie, for Mr Radbone, said the corporation had failed to respond to further letters.

He asked the court to impose the deadline so his client could learn the identity of the bloggers and seek damages against them.

Master Blumberg said there may yet be one more wrinkle in the case.

"Someone named William Schraeder has filed papers asking to intervene in the case," he said.

"He says he opposes the action on behalf of Baskin-Robbins shop owners and franchisees, and the Australian Internet Freedom Association."

In court documents, Mr Schraeder asserts any order that Google open its files would breach Australian privacy laws.

Mr Guthrie said he had never heard of Mr Schraeder or the Association, and asked the deadline be set.

Master Blumberg agreed, ordering Google release information to Mr Radbone's counsel within 28 days.

He said that, should Google or Mr Schraeder wish to oppose that course, they should contact the court before that deadline.

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Source: http://www.adelaidenow.com.au/news/south-australia/google-given-28-days-to-unmask-bloggers-who-allegedly-defamed-shane-radbone/story-e6frea83-1226554190184?from=public_rss

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