Hacker News new | ask | show | jobs
by tijs 4415 days ago
In this case it's pretty specific to someone wanting libelous information removed. If the analogue is a print publication having to retract something it is (almost?) always after a judge has looked at it. If Britney Spears suddenly considered everything ever said about her libelous she would have a tough time convincing a judge of that i would say. Just like celebrities usually have a tougher time getting things retracted now since they are in the public eye more than Joe Average by default.
3 comments

Defamation is so expensive to defend (and results so variable) that almost everyone folds in the face of a libel claim. Libel is a very effective way for rich people to silence criticism.

It got so bad in the UK that the US passed a law declaring UK libel judgements unenforcable in the US ( http://en.wikipedia.org/wiki/SPEECH_Act ). UK libel law has recently improved very slightly, although not in Northern Ireland.

I didn't see the allegation of libel in this case. The plaintiff's house was sold at auction and he wanted links to the newspaper listing removed from Google.

Assuming there is a libel element tho (mentioned above in connection with UK law), what about the report of the case where libel was found? That's news, correct?

Well, maybe it's only the libelous statements that must be removed when liability is found - then the public would have incomplete reports of judicial actions. Isn't that a public interest weighing against privacy?

My local newspapers report of this case mentions that the reason the plaintiff wanted the references removed was because the auction publicized the fact that he had debts at the time which was no longer the case. I would guess there are situations where such facts would be a hindrance in later life when easily surfaced through Google.
> I would guess there are situations where such facts would be a hindrance in later life when easily surfaced through Google.

Sure, but that is most definitely not libel.

Indeed, a judge will make this decision. There is a tendency for people (especially online) that laws sould be absolute and binary in their arbitrations, this is not the case. It's humans that decide how the law should apply in each case, and a human has considerably less difficulty in distinguishing the difference between Britney Sears applying for censorship and John Doe doing the same thing.