From: Arthur Chandler <arthurc@crl.com>
Date: Thu, 14 Apr 94 15:44:50 PDT
To: CYPHERPUNKS@toad.com
Subject: 1st case of email libel won (fwd)
Message-ID: <Pine.3.87.9404141543.A6328-0100000@crl.crl.com>
MIME-Version: 1.0
Content-Type: text/plain



  Is this indeed the first such case?

------- Forwarded Message

One of the students at our law school has provided the
following regarding a recent Australian case of email
defamation , and I will post further information she
obtains.

Archie Zariski                           *
(zariski@csuvax1.murdoch.edu.au)        * *
Senior Lecturer, School of Law         * * *
Murdoch University                    *  *  *
Murdoch, Western Australia 6150      * *     *
Ph +619 360 2761 Fax +619 310 6671  * * * * * *

>From _The West Australian_ :  Saturday, April 2, 1994

_COMPUTER LIBEL WINS ACADEMIC $40 000_
by Margot Lang

Sacked University of WA Academic David Rindos has won $40
000 in a Supreme Court action against Derby anthropologist
Gil Hardwick, who defamed him in a computer bulletin
distributed worldwide.

Dr Rindos' lawyer, Robert Castiglione, said he did not know
of another case in which damages had been awarded for
defamatory language on a computer message network.

"Computer users who use these worldwide bulletin-boards
should be aware that they could be exposing themselves to
defamation actions," he said.  "It's an informal system
where people say quite personal things, but making
allegations of paedophilia and bullying is going too far."

An elated Dr Rindos said it was the first of many defamation
actions he planned, adding: "I have to clear my name."

About 23 000 people worldwide, mainly academics and
students, have access to the science anthropology bulletin
board on which Mr Hardwick's message appeared.

Dr Rindos, who has a doctorate from Cornell University in
the United States, became the centre of an international
controversy after he was sacked from UWA last June.  The
University dismissed him on the ground of insufficient
productivity. Protests poured in from academics at
international archaeological institutions, many of who [sic]
described Dr Rindos as eminent in his field.

US anthropologist Hugh Jarvis put his protest in a message
on the computer network.  Three days later an answering
message appeared from Mr Hardwick.

Justice David Ipp said it contained the imputation that Dr
Rindos's professional career and reputation had not been
based on appropriate academic research "but on his ability
to berate and bully all and sundry."

He said that the message also suggested that Dr Rindos had
engaged in sexual misconduct with a local boy.  The
inference was that these matters had some bearing on his
dismissal from the university.

"I accept that the defamation caused serious harm to Dr
Rindos's personal and professional reputation," Justice Ipp
said.  "I am satisfied that the publication of these remarks
will make it more difficult for him to obtain appropriate
employment.

"He suffered a great deal of personal hurt.  The damages
award must compensate him for all these matters and
vindicate his reputation to the public."

Mr Hardwick did not defend his action.  He wrote to Dr
Rindos's lawyer: "Let this matter be expedited and done with
... I can do nothing to prevent it, lacking any resources
whatsoever to defend myself."


------- End of Forwarded Message