Judge Orders Blogger Who Reported On Haredi Rabbi's Clergy Sexual Abuse Outed

Google – which did not contest the lawsuit – was ordered today to turn over the name of IfYouTickleUs and several other blogger commenters by a British judge. England has the most draconian libel laws in the world, and even absolutely true reports – as in this case – can lead to a blogger being outed and even sued.

Google to reveal name of blogger who called Rabbi a cheat
An orthodox Jewish rabbi accused of having extra-marital affairs has won a High Court ruling that Google must divulge the identities of those who blackened his name.
Hayley Dixon • The Telegraph

The judge ruled that those who posted “weasly comments” about Rabbi Aaron [sic - should be Chaim] Halpern on his blog could not hide behind the “shield of anonymity”

Google, who campaigners claim have a questionable attitude toward private data, were not represented in court and did not resist the rabbi's application.

The rabbi brought legal action after a blogger who goes under the pseudonym "Ifyoutickleus" and several others are said to have posted comments on his Google-hosted blog about him having affairs.

Mrs Justice Gloster ruled that Rabbi Halpern "has been identified as the subject matter" of the blog, which suggests "that he is somebody who conducts extra marital affairs, though not on a scale of Ryan Giggs."

She ordered that Google hand over the identities of those concerned to lawyers for the rabbi, a religious leader based in the Golders Green Jewish community.

The rabbi's barrister, Chloe Strong, said that Google had remained neutral in relation to the application for the identities to be revealed and, whilst they did not consent to it, neither did they oppose.

Google, “albeit innocently”, had become caught up in a “wrongful act” and therefore has a duty to assist the rabbi by giving him information so that he can identify the blogger, she told London’s High Court.

Allowing the application, the judge ordered Google Inc to "disclose the registered name, address or IP address in their possession in respect of the blogger Ifyoutickleus", as well as those of the other individuals complained of who made comments about the rabbi.

In what may be viewed as a marker for future cases in the English courts, Mrs Justice Gloster concluded: "I take the view that if people are making what appear to be prima facie defamatory comments, they should not be protected by the cloak of anonymity.

"Though of course the protection of freedom of speech is very important, people who make weasly comments online in circumstances such as this should not be allowed to hide behind the shield of anonymity."

In 2009 Google, who say they will only give out details uwhen ordered, revealed that student Rosemary Port was the author of the anonymous Skanks in NYC blog which attacked model Liskula Cohen. Ms Cohen then launched legal action.

Last month an Australian court ordered that Google provide email addresses, telephone numbers and the IP addresses of the individuals alleged to have defamed sports player-turned-businessman Shane Radbone.

In the UK the ruling is known as a Norwich Pharmacal order, which is granted against a third party when the identity of an alleged wrongdoer is unknown, and it was first used in 1974.

It is now commonly used to force website operators and service providers to reveal IP addresses and other details in potential libel cases.

In July last year it was used to force Facebook to disclose details of alleged ‘cyber-bullies’ to complainant Nicola Brookes.

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Audio: What Rabbi Manis Friedman Really Said About Child Sex Abuse

Comments

[BeenThereDoneThat]

Eeeek!

No more blog posts from me, on anything, anywhere.

[AE]

I don't understand. It's "mesirah" to go to the authorities when it's child abuse, but for this it's ok?? Typical hypocrites. The "rebbe's" can bring their disputes to court, but the masses are stuck in kangaroo court, aka Beth din.

[Shragi]

Good point AE.

I can't wait to find out that it was a fellow rabbi.

[ah-pee-chorus]

i hope god has a crappy lawyer . otherwise im in big trouble.

anyway...i wonder if the slimy rabbi wants the identity to a)sue or b)scare him or c)destroy him in the community.

if the people there have any balls theyll stand behind the blogger and against the rabbi unless all the stories are false, which doesnt seem to be the case.

[ah-pee-chorus]

good point AE.

hey, i hope he doesnt find out who shmarya...i mean failed messiah is.

THIS is why we need better enforcement of the internet ban. the sheep must not have access to truth.

[Google hador]

Halperns solicitor has completely misrepresented the Google stance.Google always require a court order before releasing a name. They never defend such cases in the first instance, as far as Google are concerned nothing starts before there is a court order. When a court order is forwarded to Google, they will try not to comply where there is something wrong with the order, or will allow the customer to defend himself before releasing such info.
See : http://googleblog.blogspot.co.uk/2013/01/googles-approach-to-government-requests.html

[BaltimoreYid]

Hasn't anyone heard of third party servers or VPN's?

[Jimmy]

Chaim Halpern and defenders - It will not work!! We know what Charlie did. Threaten and terrorise all you want - but we have had enough of a man dressed up as a rov who spends his free time fondling vulnerable women. Chaim Halpern is a vile lecherous pervert. If he wants to sue for defamation - I can't wait to see him in court. Let the whole world know what a lowlife you are.

Chaim Halpern massaged women in their genitals. He ejaculated whilst lying on top of them. His very presence in Golders Green brings defilement to our neighbourhood. Chaim - Please, please, please take this to court. The gory details of your vile escapades will make chilling reading (they have reduced grown men to tears) but if that's what it takes, that's what it takes.

[Barrister]

Hunter becomes hunted.

This can and likely will wipe whoever Mr Tickle is out. Even if he were to win this slander case, its going to cost alot of money. The barrister representing RCH is top notch.

[Barrister]

And Google Hadors comment is irrelevant. The UK high court warrant is already served.

[r"l]

Barrister - who is RCH's barrister?

[Shmarya]

And Google Hadors comment is irrelevant. The UK high court warrant is already served.

Posted by: Barrister | February 09, 2013 at 07:05 PM

I don't believe that is clear yet.

Google doesn't fight until it needs to, and until the ridiculous order from the judge Friday, it didn't.

[ah-pee-chorus]

isnt there another layer to get through? even if google reveals the IP used to post the comments, doesnt the ISP have to also reveal the identity of that IP user?
i was involved in a situation where yahoo gave over some posters IP's, but certain ISP's wouldnt divulge to whom they belonged without a fight, and further gave the opportunity to the commenters to quash the subpoena before revealing their names.

[I can't think of a name yet]

Uh oh. Good thing I didn't think of a name yet.

[Bas Melech]

If the Rabbi thinks that the accuser is afraid to make the accusations with evidence directly to him, he's a gambler.

Are true accusations also libel?

[Barry]

The judge was married for 30 years to the nephew of Chief Rabbi Israel Brodie which the Ultraorthodox would have considered quite scandalous as she was not Jewish.

She recently presided over the most expensive case even brought between two Russian (Jewish) tycoons and bought two large sketches from the court artist showing her, imperious in her elevated seat in Court 26, with Britain’s top barristers and Russia’s most notorious oligarchs stooped in decided deference.

With her history, she should commission a future oil painting of herself in the role of Joseph, with the rabbis and dayanim of British Ultraorthodox Jewry prostate before her

Barrister, you should know that libel actions especially when sex is involved tend not to go to plan as she hinted in her reference of Ryan Giggs whose expensive law suit proved useless in suppressing gossip.

Mrs Justice Gloster is now married to a judge who most famously presided over a libel action brought by a Cabinet minister accused by a paper of having corrupt dealings with our friends and allies in the war against terror, the Saudis. The cabinet minister was caught trying to get his teenage daughter to perjure herself and was later convicted for perverting the course of justice and sentenced to an eighteenth of a Rubashkin.

Maybe God is trying to send a message to Halpern.