Warning: Talking trash online doesn’t mean you won’t get caught
If you’re going to speak ill of someone on the Internet, I hope you’ve got a few million dollars and a team of high-priced lawyers.
That’s the lesson Rosemary Port is learning after she called Canadian-born model Liskula Cohen a “skank” on her “Skanks of New York” blog.
A recent U.S. court ruling forced Google, whose Blogger service hosted SONK, to reveal Port’s identity. Ontario-native Cohen has decided not to continue her $3 million USD lawsuit, but Port plans to sue Google for $15 million dollars for “violating” her First Amendment rights to speak freely and anonymously. It will be tough for Port to prove her case. U.S. law does not consider libel or defamation to be protected speech, and starting a public blog accessible to anyone on the Internet rather than a private diary makes the idea of “privacy” a bit murky.
Port’s recent troubles are a warning to anyone who thinks about spewing highly-negative opinions in blogs or other web venues. It’s also a reminder to Canadians that saying something defamatory online could put them in the same boat as Port. Murphy v. LaMarsh, a 1970 Canadian court case, centered on author Julia LaMarsh, who wrote in a book that plaintiff Ed Murphy was “heartily detested by most of the Press Gallery and the members”. LaMarsh’s use of the word “detest” was a loaded statement that harmed Murphy’s reputation and public person. It would be one thing to say some of his peers didn’t like Murphy, but LaMarsh implied that Murphy was universally disliked, which was classified as defamation.
The anonymity of the Internet gives users a false sense of security. Hiding behind a screen name does not mean you cannot be traced and held accountable just like Port may be and LaMarsh was before her. If you stand on a corner making negative comments about your neighbors, wearing a mask may provide some level of secrecy. But if someone rips that mask off, you’ll have to answer to your actions and deal with the consequences. Suing the person who took your mask won’t save you.
Be careful when you attack someone personally online. You never know who may decide to fight back.
Filed Under: In The News
If I had a couple of million laying around and a team of lawyers protecting my every move my name would be Obama!
I hear America is now 9 Trillion in debt- why doesn’t Obama just print out 10 Trillion new dollars and then America would be 1 Trillion in the black.
(Report comment)
Sadly then the U.S. dollar would become worthless, ruining the worlds economy, especially Canada’s and Mexico’s.
(Report comment)
My god, that is one of the most unimpressive displays of ignorance of the money system I have read.
Printing money willy-nilly like that would result in massive inflation and a complete collapse of the economy. TFor an example of that, think Zimbabwe.
(Report comment)
Because it’ll make America would actually be 19 Trillion in debt.
That’s really not how the American banking system works.
Individual bankers charge America itself for every individual dollar printed. It’s not owned by the US government.
(Report comment)
LoL, Obama…. Black.
(Report comment)
So basically your going to trash Obama, in reply to a story about defamatory comments!! Are you payed by the Republican party to randomly trash the DEMOCRATICALY ELECTED leader of the US, or are you trying to be witty and defame someone online to see if YOU get sued???
(Report comment)
The economy doesn’t work that way. Printing more money would just cause ‘inflation’. Making the American dollar worth less.
(Report comment)
Well well well, someone can’t even express their opinions online. Not a surprise, now online we can not say negative things towards someone/something because that may hurt a person(s) feelings. This whole world has gone down the toilet. If you say/post/write something and it is something you believe in it, there shouldn’t be a problem. There is something called freedom of speech (I guess omit freedom of speech if it involves the government or politics, the rich and or famous) This is stupid, someone said what she thought and now there/was a lawsuit involved. Seriously, why are we as North Americans being so dumb about things? Do we come up with ideas to sue or take someone to court because of what was said online? The lawyers are behind this and I will say this, we need more lawyers like we need more holes in our head. I am Canadian and I am fed up about the way things are, I don’t care if you are American Canadian or Mexican. We are part of North America, let’s make things right and set an example to the rest of the world. I’m not trying to start anything. I’m just saying this has become stupid. Sorry if this may seem off topic. But if one can not voice their opinions, what are we here for? Let the rich and beautiful lead us to unrealistic ideas of how life is suppose to be and then let their lawyers take over if things are said against them . I say support Rosemary Port, she said something that was on her mind and she believed.
(Report comment)
I second on what Shaun says. I can’t believe now even an internet blog is being looked at to be sued… Where has our freedom for speech gone…?
(Report comment)
Hey Shaun and Just Another Person, if you both think that I’ve got the right to go online and say you’re both male prostitutes, with criminal convictions for rape and paedophilia, when actually I have no facts on which to base those dreadful claims, except that “I believe them”, you’re even dumber than your claims that the right to free speech includes telling terrible lies about another person. Can’t wait till you’re on the receiving end. Bet your tune would change in a microsecond. Meanwhile I’ll sue everyone for invasion of privacy, if you try and touch me.
(Report comment)
i agree with gerald. freedom of speech, in my oppinion, is not freedom to defame another person. thats usually done by trolls in the online world. they make you look like a scientologist to 4 chan and stuff. often times because you are pretty or sucessful. i dont have the money to sue the person who did it to me.
(Report comment)
Gerald.Ah, the art of free speech. I myself understand how it works and I know that not too many people will agree with it. You post something like that (male prostitutes, with criminal convictions for rape and paedophilia) . Fist thing is first, it’s spelled pedophilia. Get your grammar right before you call me out and say things towards me. If you can not accept that free speech may not be what you like to hear, stop reading. You have to know when to draw the line between allegations and reality. The stuff you read in newspapers and see on the news at night, that is one side of the story. The truth in the newspaper and in the news is so far stretched, the companies that run the paper and produce the news, they are one sided. So I speak my opinion, and you come after me? Don’t like what I have to say? Don’t read it.
(Report comment)
In response to your post which I found lacking in the SPELLING not grammar section I would thereby like to point out the you misspelled the word FIRST so look who’s talking. Also you just complained about a person complaining about you so grow up and don’t be such a hypocrite. (PS. I have perfect spelling and grammar.)
(Report comment)
Hello Shaun — as far as grammar goes, paedophilia is the British/Canadian spelling of this word. So everyone please be careful about accusations of ignorance.
(Report comment)
But we can’t just allow people to run off at the mouths in the name of free speech about everything. What about religion? As a fellow Canadian, although I don’t know if it is the same for you, there is a tension that states that defaming any religion for any reason is wrong and must not be done. Of course its wrong to harp on others beliefs. They are called ‘beliefs’ because there is no solid proof, and its a question of faith, something which varies in different people.
Calling others rude things baselessly or not to their face is a taboo for a good citizen. And ‘free speech’ doesn’t include defamation in the US or Canada. Do you mean to say that if someone starts talking about you, or your friends in such a rude and derogatory manner (which they do not have the right to do) you wouldn’t care?
As has happened to me, what if a large number of people got together on a website you have said that you hate and will never use, and began to discuss whether or not you are a drug user? Honestly I have never done anything that may allude to myself being anything other than an A/B student with eccentric hobbies, and yes I’m a bit anti-social. But having people discuss (And I only found out about it with the help of my allies) me in such a manner is cruel. Especially when it is so far from the truth. I will never know who those people were, will never be able to tell them what I think about it to their face, and will never be able tell if those people are people that I think I know. How disgusting. I don’t want to suspect anyone at all with no proof, so just think how much I want to know who they were.
If what you’re saying is true, that we should be allowed to say whatever we want, I would be okay with that under one condition. People would have to be clear about exactly who they are. If you want to spread your opinions, negative or positive, attach your face and name to them and be proud. With the Internet, people’s real feelings are so much easily shared. Its much easier when you don’t have to hear people yelling back at you, and you don’t have to look in their eyes as they respond. And how easy does it become to get carried away? How much easier is it to lie?
If we want to set an example for the rest of the world, let’s be civil. Let’s not shout accusations based on personal feelings or the want to defame someone ‘because you don’t like them’. Well thought out arguments, proof, and sources. Put yourself at risk if you want to be extreme. And if your opinion is based off of nothing but ‘guts’, or ‘feelings’, shame on you, but so be it. Let us know that those opinions are based on YOUR feelings. Not just another person.
People take you more seriously when you attempt to give reasons. When you think things through.
What’s the first and last paragraph (20%)of an essay? Thesis.
What are all the middle paragraphs (80%)of an essay? Supporting evidence.
Any student teenager can tell you that. The most important, and largest part is reasoning and evidence. After all, they are what try to convince the reader of your point of view.
Should Rosemary Port have been intelligent in her defamation of Liskula Cohen, I probably wouldn’t have cared. And while it would have been hard to hear, worded smart or stupid, I’m willing to bet that if Port had put it more elegantly and intellectually, Cohen probably wouldn’t have cared as much.
Because a well written critique is a debate. In response to something that has had more effort put into it, you can fight your own opinion based on the points of their opinion and your own reasoning, weigh them out, and decide whose reasoning wins. Simply stating a single ‘fact’ without a reason doesn’t allow for the back-and-forth that makes and solidifies opinions properly. And if your opinion can’t stand up to back-and-forth well, then you need to adjust it based on the reasons you have.
And thats for real life as well as teh intarwebz. Basic etiquette of life. Although ‘If you have nothing nice to say, then don’t say anything at all’ is a bit dated, at least if you don’t have anything nice to say, back it up.
(Report comment)
I agree partially with you. However, in this case, it wasn’t merely someone expressing an opinion based on fact or evidence. This was a case of malicious libel. Calling someone a “skank” in a public forum without any proof is wrong. It ruins a person’s reputation.
I believe that there should be free speech in the sense that one can criticize and speak negatively of ideas, things, public figures, etc. But private people can be seriously injured by malicious pricks with an agenda or hate-on for them. Even without evidence many people believe what they read or hear so it is a dangerous thing, we should be able to fight back against those people. Even still, there is some degree of worry that soon we wouldn’t be able to call out a person who is, say, guilty of rape or some other heinous crime for fear of being sued. There needs to be clearer boundaries.
(Report comment)
Foolish thing to say. Attacking people online is not protected by freedom of speech. These people that write blogs solely to attack other people that are doing better than themselves need to be stopped. More transparency over the internet it the answer. Hopefully we can make some more progress and shut down the people that do it for a “living” (such as perez hilton). Just because something comes to your mind doesnt mean you should be spitting it out all over the internet. What did this supermodel do to this woman? She needs to get over her insecurities and grow up. Clearly she was jealous of Ms. Cohen but instead tried to play it off like she has reason to hate her. Skanks of New York? what exactly do you base this on Port? that they fit into a smaller dress size than you? Make more money? Get to be with the men you can only dream you were with? I’m going to make a “got-what-she-deserved-of-america” blog. You are number one.
(Report comment)
number one were here so that we can be togther with God one day ok! and number two we should only be alwoed to speak when somthing bad is coming like when a child talks back then you simpley teach them a lesson but not on internet that ricdickulous. What did you parents ever teach you?we should love each and every one of us! as i like to say “treat other as you would like to be treated”! im 15 and the only time i EVER DISRSECTPECT any one is when someone is bullying me and that i will not let them get the satisfaction when i need to i come and say it but you shouldnt be hurting other peoples feeling for no reason so Rosemery port shouldnt have said ANYTHING if the model lady didnt say anything to her to efend her! AND FOR YOU FYI im glad its the law becaseue if it wasnt then we would all be in sane calling each other names the world would be wruine! sometimes people do things for reasons and making bullying aginst the law is a good thing! IF YOU WERE NEVER BULLIED WELL THEN THATS YOUR PROBLEM BECASEUE PEOPLE SUFFER FROM BEING BULLYED!!!! AND HATE THERE LIVES BECASEU OF IT SO YOU SHOULD ALL UNDERSTAND THINK ABOUT IT WOULD YOU LIKE IT IF YOUR GURLFRIEND OR BOYFRIEND OR CHILD OR MO OR DADD OUR BROTHER OR SISTER OR GRANDMA OR GRANDPA OR FRIENDS WERE BRING BULLIED FOR NO REASON AT ALLLLL?????? I DONT THINK SO! IV BEEN BULLIED FOR ONE WHOLE YEAR WICH WAS THIS YEAR IN GR 9 OK AND I TOLD THE PRICPAL CUZ I WAS AT THE POINT WERE THEY ALL THREATEND To KILL ME! AND BEAT ME UP OK AND GUESS WHAT SOmETImES THE WRONG PEOPLE WHO ARE DOING THE WRONG THINGS TO THE RIGHT PEOPlE GET AWAY WITH THINGS AND IM STUCK WiTH THE HURTING In MY HEART BECSE I DONT WANT TO GO TO SCKOOL ANYMORE!!! AND THIS YEAR IM GOING TOP GRADE TEN I WOUNDER WHATS COMING NEXT! I CANT MOVE SCKOOLS BECASEU THE TEACHERS ARE GREAT THERE AND I HAVE EVERYTHING I NEED BUT THE GURLS THERE ARE RUDE ESPLEALLy TWO GURLS (A & F) EVEN THOE MY HEARTS BEEN BROKEN FOR ONE WHOLE YEAR I WONT LET YOU GUYS DO ThIS TO Me ANYMore AND I MEAN IT THE NEXT TIME YOU SAY A THREAT TO ME IM CALLING THE COPS ANDS SUING yOU I DONT CARE HOW N ICE YOuR MOM IS I Got TO DO WHAT I GOT TO DO MAYBE THAT WILL TEACH YOU A LESSON AND BY THE WAYSD PRETENDING SomETHING YOUR NOT TO OTHER PEOPLE WHEN JUDGEMENT DAY SOmES THEY WILL ALLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL KNOW I WAS THE ONE THAT WAS INOCENT AND THE ONE WHO WAS TELLING THE TRUTH THE ONE WHO DIDNT DO ANYTTHING THE ONE THAT DIDNT HAVE FUN IN MY FRIST YEAR IN HIGH SCKOOL THE ONE THAT NEVER LIED TO GET MY WAY OR ATETTION!!!!!!!!!!!!!
(Report comment)
Hey, you have a good point. Where is our freedom? It’s just something to make as think we are free. Look whats happening, were like a dogs on leashes. Soon we will not be able to do anything! All they’re trying to do is make money any way they can. Also humans were made to make opinions about something. What they’re saying is they want as to lie about our opinion. So whats the sense of giving your opinion then.
(Report comment)
what next?
(Report comment)
I am not voicing my opinion but point out a little known fact about Canadian law that I learned from law class in high school.
“1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
(Source: http://laws.justice.gc.ca/en/charter/1.html#anchorbo-ga:l_I)
I know this is article is about a US case but as to further the argument of FuturisticImagination above I thought I should share this.
(Report comment)
Ugh, such trivial waste of tax money….I think everyone needs to just sit back and think about the state of the world when the word skank can cost millions and millions of dollars, grow up everyone.
(Report comment)
What if… just bare with me here, what if this women who is trying to make a living off her body/looks was a skank? Would that be so hard to belive? Maybe they should trial that first then go to suing parties at fault. OR maybe we should just stop listening to idiots online (/looks at CNN) as credible sources of information. I don’t belive anything I read online at first you have to be apprehensive especially towards a f#&*ing BLOG!
If we sued everyone who posted misinformation online we as a culture would implode socially and finacially.
(Report comment)
What does this prove though? All a person would need is a laptop and an unsecured internet connection and they have their annonymity back. Just try using google earth on an ipod touch, it doesn’t have gps. It finds your current location based on the IP address you’re using.
(Report comment)
i have to say freedom of speech and freedom of expression is just that. if you want to go on line and say that i have sex with donkeys what does it matter you are saying something with no evidence, so why would i be hurt by that, does it hurt you if someone spreads a rumour about you? it shouldn’t, and in fact if you do raise a stink about it then chances are the statement was true. If you get hurt by something some person that has so little to do in their life that they have to go online and lie about people then you need to “harden the f**k up”.
Also people are saying that you should not be able to attack people verbally unless they are public figures. well that is anyone that is in the public eye. This person is a MODEL her job is to be looked at in skimpy clothes, thus she is selling her body. so it would have been truthful however still hurtful to call her a big whore.
(Report comment)
define skank
(Report comment)
It’s a derogatory slang word to say a woman has sex with several people. It’s the same as calling someone a “slut” or other forms of promiscuity.
(Report comment)
So a skank could also be an “onatrio-native”? LOL
I can’t believe you spelt Ontario wrong. Sorry I don’t mean to diss you, the article was great and sparked alot of debate.
Keep up the good work!
(Report comment)
not with TOR
(Report comment)
so, by this logic, most things said on the comedy network are also criminal…
and while we’re at it, sue people protesting against big corporations because they’re also doing that.
In my opinion, it’s not slander if it’s defended and true
(Report comment)
Unfortunately there are certain aspects not covered by the first amendment such as: obscenity, fighting words, libel, slander, child pornography, perjury, blackmail, true threats and solicitation of crime. Its the rule so live by it. If there was no internet, 90% of the crap spewed online wouldn’t be said because that 90% of the people only say that crap because they can hide behind their screen.Why bother even inciting someone to sue you?
(Report comment)
The woman could have thought it to be true, in that case she is just wrong and nothing more, if the judge rules Port to pay the money, then everyone else that has ever said anything wrong on the internet about another person could also be sued. Anyone who actually supports this model with her childish case is probably the type of person that would break their leg on someone’s property while trespassing and turn around and sue the owner, in my mind this is in the same league of outrageous stupidity.
(Report comment)
Port doesn’t have to pay anything it says in the article that the suit towards her was dropped however now she is suing Google because a Judge ordered Google to give up Port’s information. Which means that Port doesn’t have a chance in hell of winning as Google had no choice in the matter of surrendering the information or not because they were required by law to give up the information.
(Report comment)
Well there is a thing called free speech but in response to everyones comments about free speech, it is illegal to say something that is defamatory and the person saying can be sued (unless you can prove it, for example if you call someone a criminal) (calling someone a slut is defamatory and something that cannot be proven in court)
(Report comment)
Ha. Ha. Ha.
Now every wanna-be is going to start sueing bloggers on their idea’s an opions. Is it really character slander?
Hooray censorship!
Maybe should think twice, and keep her legs closed. then she wouldjn’t be an
Here’s my idea…
(Report comment)
Apparently if you ype in it will actually delete it. I rule.
(Report comment)
personal blogs,web pages and the internet is under serious attack. simply put, the big media uses their news to brain wash everyone. the more ppl start speaking out and calling out injustice and voicing opinions the more information ppl can educate themselves with, which lessens their grip. i wont be surprised to see more lawsuits of this kind. we’ve traded our freedom for a guilded cage. happy blogging!
(Report comment)
If this lady had a problem with this model then she should have came up to her and had a chat about it. The problem with online posts is that they put ideas into peoples heads without physical proof and get people wondering if the statement might be true.
If someone was writing defamatory remarks about your mother or someone else you loved online you would be pi$$ed off too. Freedom of speech has nothing to do with remarks like that because it just stirs sh!t up for the sake of stirring sh!t up.
This lady wanted to hide behind her computer and fire off agressive remarks towards this model and get away with it. Its harassment, not freedom of speech.
(Report comment)
wow this girl should get over it. its just a blog, who cares what some random person thinks
you know this model has it great compared to the attrocities other people are suffering every day and she had the nerve to call that a nightmare
an insulting blog dosent even classify as a spook.
(Report comment)