July 24, 2008
Facebook Libel Case Damages Won
Mathew Firsht was awarded £22,000 in damages against an old school friend, Grant Raphael, who created the profile.
The judge ruled that Mr Raphael's defence - that the entry was created by mischievous party gate-crashers at his flat - was "built on lies".
The profiles were on Facebook for 16 days until they were taken down.
Mr Firsht accused Mr Raphael of creating a false personal profile, and a company profile called "Has Mathew Firsht lied to you?".
Mr Raphael said that "strangers" who attended an impromptu party at his house in Hampstead in North London sneaked off to a spare bedroom and created the profiles on his PC.
Deputy Judge Richard Parkes QC described his claim as "utterly far-fetched".
The judge heard that the private information concerned Mr Firsht's whereabouts, activities, birthday and relationship status and falsely indicated his sexual orientation and political views.
Mr Firsht complained about allegations that he owed substantial sums of money which he had repeatedly avoided paying by lying, and that he and his company were not to be trusted.
He was awarded £15,000 for libel and £2,000 for breach of privacy and his company, which finds audiences for TV and radio shows and provides warm-up services for live audiences, including the evictions on Big Brother, was awarded £5,000 for libel.
The two former friends went to school together in Brighton but fell out around six years ago over a business dispute.
Mr Firsht accused Mr Raphael of bearing a grudge against him and of creating the false Facebook entry with the aim of causing him anxiety and embarrassment.
"He is plainly a businessman of single-minded drive and dedication, and he did not strike me as being the kind of man to waste valuable time on ancient disputes," the judge said.
By contrast, Mr Raphael's company went into voluntary liquidation and, by the time the present dispute arose, "Mr Firsht was prospering and highly successful, and Mr Raphael was not".
The judge said Mr Firsht would have accepted an apology if Mr Raphael had offered one at an early stage, thus avoiding the distress and expense of litigation.
Source: news.bbc.co.uk




07.24.2008
