When your confidential information is published on social media it is possible that you can do something other than simply put up or shut up about it i.e. see a defamation lawyer. In a recent case before the Supreme Court of NSW the plaintiffs sought an injunction against Twitter Inc to restrain it from publishing the plaintiff’s financial records.
In X v Twitter Inc [2017] NSWSC 1300 an anonymous user of Twitter published information contrary to obligations of confidence owed to the plaintiff by pretending to be the CEO of the plaintiff. The unauthorised publications were brought to the attention of Twitter Inc and requests were made to remove the offending material, identify the user and prevent further publication. After the information was removed there were fresh publications which Twitter Inc declined to remove on the basis that there was no impersonation of the plaintiff (or anyone else). Attempts to resolve the problem with Twitter Australia did not solve the issue as it was unable to exercise control over the content which was understood to be the responsibility of Twitter Inc. Interlocutory injunctions were obtained but further publications appeared under a different “twitter handle” which were then “shut down” by Twitter.
By the time the final hearing date arrived the defendant declined to appear presumably to avoid submitting to the jurisdiction of the NSW Courts. Essentially, the case against Twitter Inc was that it was knowingly concerned in the publication as the concerns of the plaintiff about publishing confidential information had been raised. The court ultimately ordered that Twitter Inc be restrained from publishing the offending material, that it cause the material to be removed, that the user’s accounts be removed and that the users not be notified of the removal of the accounts. The court also made various orders to disclose the identity of the user presumably so that further action can be taken for breach of confidence. Finally, the name of the plaintiff was supressed so it could not be identified.
If you are trying to work out how to deal with a publication that: -
• Discloses confidential information about you;
• Lowers your reputation; or
• Is false or misleading
Then
• Consider getting advice from us about an injunction and/or other relief (including injunctive relief against twitter where appropriate)
Talk to a Dispute Lawyer today!
* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.