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Yelp must reveal the identities of several users that posted negative comments about a business, a US court has decided. The Virginia Court of Appeals sided with Hadeed Carpet Cleaning, and demands that the details for a group of anonymous users on the review service must be revealed, with Yelp claiming the ruling "fails to adequately protect free speech rights on the Internet."
Lawyers working on behalf of Joe Hadeed, owner of Hadeed Carpet Cleaning, requested the identities of seven negative reviewers, reports the BBC, with the main reasoning being that he believed them not to be genuine customers, and therefore do not receive First Amendment protection.
In a statement, the judge agreed that "Generally, a Yelp review is entitled to First Amendment protection because it is a person's opinion about a business that they patronized," and that users have the right to anonymously discuss services online without worrying about identification over disagreeable commentary. The judge does clarify that "If the reviewer was never a customer of the business, then the review is not an opinion; instead the review is based on a false statement," and therefore does not receive such anonymous protections.
Speaking on behalf of Yelp, spokesperson Vince Sollitto claimed that the US had "adopted strong protections in order to prevent online speech from being stifled by those upset with what was being said," though the company hopes for Virginia to follow the lead of other states in adopting such measures. "We are disappointed that the Virginia Court of Appeals has issued a ruling that fails to adequately protect free speech rights on the Internet, and which allows businesses to seek personal details about website users - without any evidence of wrongdoing - in efforts to silence online critics."
Such a decision by the courts could have a chilling effect on future Yelp reviews, which could leave some users wary of leaving negative reviews in future, for fear of being identified and being sued over their comments. According to the company blog, Yelp plans to appeal the ruling, and to "continue to fight for the protection and expansion of free speech for all Internet users."
Yelp came under fire in May last year over its reviews, with reports of reviews for businesses being hidden from view in order to benefit the service directly, such as removing negative reviews in order to attract advertisers. Yelp refuted the claims.
By Electronista Staff
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Yelp ordered by Virginian court to unmask negative reviewer group
A UNITED STATES COURT has ordered customer reviews website Yelp reveal the names of seven of its anonymous reviewers.
The order follows a lawsuit filed by a firm called Hadeed Carpet Cleaning, which suspected that some of the reviews placed online about it were made up.
According to a report at The Atlantic the only way for Hadeed to find out whether this was the case was to subpoena Yelp for the information. Hadeed pressed, Yelp resisted, and chose to ignore a county court order, and an additional court was charged with ruling.
The Virginia state Court of Appeals ruled in favour of the carpet cleaning company and insisted that Yelp must reveal the names of those users that otherwise would have remained anonymous.
"In its complaint, Hadeed alleged that it tried to match the negative reviews with its customer database but could find no record that the negative reviewers were actually Hadeed customers. Consequently, Hadeed alleged that the negative reviewers were not actual customers; instead, the Doe defendants falsely represented themselves to be customers of Hadeed," said the court's ruling.
"Hadeed's complaint further alleged that the negative comments were defamatory because they falsely stated that Hadeed had provided shoddy service to each reviewer."
Yelp will now have to come up with the names of the reviewers, while Hadeed Carpet Cleaning will also get $1,000 towards its legal costs.
The reviews looked dodgy to Hadeed because they came from areas where it does not operate. The talk is of shrunken carpets in Washington and bad business in New Jersey, a state where a shagpile of any kind is presumably looked after by other outfits.
"After combing its customer records, Hadeed was at a loss to find record[s] of these allegations," added The Atlantic.
While it is usually permissable to be anonymous, the courts do not look favourably on defamation. If these 'reviewers' were not customers of the company then the negative reviews could not possibly be truthful and might be libel. The court ordered Yelp to comply in order to ascertain whether this is the case.
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Court orders Yelp to unmask anonymous reviewers
Several photos of the disgusting spill were posted to Twitter by the likes of Ryan Seacrest and Cosmopolitan magazine. "Huge water leak on #goldenglobes red carpet...Bev Hills fire trying to clean up," Seacrest tweeted at about 5 p.m. (Photo: Ryan Seacrest via Twitter)
Hours before Hollywood's most famous faces took to the red carpet of the Golden Globes, a sewage leak left organizers scrambling to clean up the entrance to the Beverly Hilton Hotel, according to reports.
Several photos of the disgusting spill were posted to Twitter by the likes of Ryan Seacrest and Cosmopolitan magazine.
"Huge water leak on #goldenglobes red carpet...Bev Hills fire trying to clean up," Seacrest tweeted at about 5 p.m.
The Hollywood Reporter said in an online post that the sewage came initially during an alarm that went off at 12:20 p.m.
The Beverly Hills Fire Department was reportedly still cleaning up the mess sometime after 4 p.m.
"Could be bad for long gowns #eredcarpet," Seacrest also tweeted.
Contact Brian X. McCrone at 215-854-2267 or bmccrone@philly.com. Follow @brianxmccrone on Twitter.
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Golden Globes' red carpet damaged by sewage on day of show
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A Virginia court insists that seven people who posted anonymous reviews about a carpet cleaning company should be unmasked, because the company believes they were not real customers.
Thinking different?
I recently stayed in a hotel that was described by a Yelp reviewer like this:
I thought the hotel was lovely. Which was just another support for a thought I've had for some time: Why would anyone trust a Yelp reviewer?
But people seem to. So much so that companies' livelihoods can be affected by those who leave their whinings.
Now a court in Virginia has insisted that Yelp name seven reviewers who posted their dissatisfactions about a carpet cleaning company. As the Washington Times reports, the Virginia Court of Appeals declared that Yelp comments weren't covered by the First Amendment because the posters weren't customers of Hadeed Carpet Cleaning.
Yelp insists that Hadeed Carpet Cleaning hadn't justified its need to know the posters' identities. According to the Times, Yelp spokesman Vince Salitto said: "Other states require that plaintiffs lay out actual facts before such information is allowed to be obtained, and have adopted strong protections in order to prevent online speech from being stifled by those upset with what has been said. We continue to urge Virginia to do the same."
Virginia seems to have given that view one star. Raighne Delaney, representing Joe Hadeed, explained to the Times: "The Virginia statute makes the judge a gatekeeper to decide whether or not there's a common-sense reason for someone in our position to get this information."
When lawyers lurch to define common sense, we reach dangerous waters.
Hadeed's defense was that, in examining his database, he couldn't identify the reviewers as customers. Which allows for a certain possibility of, say, database error or, perish the idea, accidental erasure.
Originally posted here:
Court to Yelp: Reveal names of negative reviewers
The Benefits and Significance of Private Platform as a Service
A US Court of Appeals has ordered Yelp to identify anonymous reviewers who slammed a cleaning company.
In his ruling this week [PDF], Judge William G Petty, sitting in Virginia, told the review-sharing website to turn over personal information on seven of its users who had panned Hadeed Carpet Cleaning on Yelp.com.
The family-run cleaning biz had alleged those seven critics were not customers it says it has no record of the services the reviewers are complaining about. The cleaners believe the Yelp users deliberately posted negative reviews in order to harm the company.
Hadeed, based in Virginia, is seeking to sue the seven for defamation. Yelp has a contact email address, ZIP code and IP addresses from which the site was accessed on file for each account holder, all of which are crucial for the cleaning biz's litigation.
The legal battle started in 2012 when Hadeed subpoenaed Yelp for the identities of seven users who had posted the bad reviews. Yelp turned to the Court of Appeals to quash the subpoena, claiming the First Amendment protects freedom of speech and, in some cases, ensures the anonymity of those who post opinions and reviews on the internet.
According to Judge Petty, however, the rights of Hadeed to protect its reputation from defamatory statements overrides the protections of anonymity, and thus Yelp should be required to hand over identifying data on the seven reviewers.
"The freedom of speech and within this, the freedom to speak with anonymity is not absolute ... If we assume that the Yelp reviews of Hadeed are lawful, then the John Does may remain anonymous," the judge wrote in his decision.
"But if the reviews are unlawful in that they are defamatory, then the John Does veil of anonymity may be pierced, provided certain procedural safeguards are met. This is because defamatory speech is not entitled to constitutional protection."
Yelp, meanwhile, stood fast in its assertion that the case threatens the rights of its users to discuss their experiences honestly and freely. It will appeal to a higher court to scrub the subpoena.
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Judge orders Yelp.com to unmask anonymous critics who tore into biz
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