ern's: Twitter sued by footballer over privacy

Friday, May 20, 2011

Twitter sued by footballer over privacy

Website faces action after users purported to reveal name of player who allegedly had affair with model Imogen Thomas

A footballer has sued Twitter after a number of the microblogging site's users purported to reveal the name of the player who allegedly had an affair with model Imogen Thomas.

The footballer's legal team began the legal action at the high court in London on Wednesday, in what is thought to be the first action against the US social media firm and its users.

The lawsuit lists the defendants as "Twitter Inc and persons unknown". The latter are described as those "responsible for the publication of information on the Twitter accounts" in the court document, according to reports.

Earlier this month, an unknown person or individuals published the names of various people who had allegedly taken out gagging orders to conceal sexual indiscretions on a Twitter account. The account rapidly attracted more than 100,000 followers.

Twitter declined to comment.

The lord chief justice, Lord Judge, on Friday said Twitter and its users were totally out of control when it comes to privacy injunctions and court orders.

Although there was no mention of Twitter in Lord Neuberger's long-awaited report on superinjunctions, published on Friday, Lord Judge said readers placed greater trust in the contents of traditional media than in those "who peddle lies" on websites.

Twitter and other social networks were accused of making "an ass of the law" by culture secretary Jeremy Hunt and politicians after a number of celebrities with injunctions were allegedly exposed online.

The socialite Jemima Khan was among those claimed on Twitter to have obtained an injunction. Khan described rumours, which had suggested falsely she had obtained a gagging order to prevent publication of "intimate photos" of herself and Jeremy Clarkson, as a "bloody nightmare".

Twitter has said that it "strive[s] not to remove tweets on the basis of their content", but that it would remove "illegal tweets and spam".

Mark Stephens, a senior media lawyer at Finers Stephens Innocent, said the lawsuit had little hope of succeeding.

"This is not only scraping the bottom of the barrel, this is beneath the barrel. This [injunction] information is already available on servers outside of this jurisdiction and on website outside this jurisdiction," he said.

"You would have to be a moron in a hurry to suggest to this footballer that he throw good money and publicly excoriate himself yet further."

Schillings, the London-based law firm representing the footballer, had not returned a request for comment at time of publication.

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