Paresh Dave, writing for the LA Times:
The California Supreme Court agreed to review Yelp’s objection to a decision ordering it to strip the Internet of comments posted about a San Francisco law firm.
The law firm owner, Dawn Hassell, sued Ava Bird, the disgruntled former client who allegedly posted the reviews — and lower courts agreed that Yelp should be forced to remove them.
And:
To the frustration of many plaintiffs’ attorneys, the Communications Decency Act has long freed online publishers from liability for user postings on their websites and apps. But many technology experts say the Hassell case may be the biggest threat yet to the immunity.
The appellate court found that no liability was being placed on Yelp, and thus the ruling didn’t go against federal law. Instead, as the “administrator of the forum” where defamatory speech existed, Yelp bears the responsibility of removal, the court said.
Experts in technology law say they’re optimistic that the California Supreme Court will spike the order against Yelp.
If this decision goes against Yelp, it will certainly impact crowd sourced rating and comment sites. Bigger pockets will be able to sue unflattering comments into submission. Chilling.
So much for Freedom of Speech and all that. I guess this means Americans (Yelp readers) aren’t mature enough to differentiate between fact and opinion when they read a Yelp review.
Ambulance Chasers around the country rejoice, “Yay”.
Freedom of speech does not extend to libel and slander. You are the perfect counterpoint to your own point, Americans clearly aren’t mature enough to differentiate between fact and opinion.
Wow, how’s you day going Brandon? In need of a hug?
I will always take a hug! But that doesn’t change the fact that this isn’t a freedom of speech issue, it’s a libel issue, which is not protected by freedom of speech. Implying that this is an attack on freedom of speech is simply false.
I see nothing wrong with the decision of the lower court. Defamation has to be proven, it’s not contingent on bankroll. In this case the judicial system ruled the reviewers comments as being libelous. Yelp is not being held liable for the defamation, only being asked to remove the false reviews. The fact that they refused to do so on their own accord and have to be compelled by the court speaks volumes about Yelp’s lack of common decency.
I can see both sides in this argument!