Jonathan Richards
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A businessman who had his personal life laid bare in a fake profile on the social networking website Facebook has been awarded £22,000 in a libel case he brought against a former school friend.
Mathew Firsht, who runs a website which books live audiences for TV shows, sued an old school friend for libel and misuse of personal information after the friend created a false Facebook profile for Mr Firsht and a group called "Has Mathew Firsht lied to you?"
Grant Raphael, a freelance cameraman who fell out with Mr Firsht several years ago, had argued that the profile was created by a group of mischievous friends during a party at his home in London, but a judge in the High Court ruled that the defence was "built on lies".
Deputy Judge Richard Parkes QC awarded Mr Firsht £15,000 for libel and £2,000 for breach of privacy. Mr Firsht's company, which arranges audiences for shows such as Big Brother and Ready Steady Cook, was also awarded for £5,000 for libel.
Mr Firsht accused Mr Raphael of creating a false Facebook profile which claimed that Mr Firsht was "looking for whatever I can get" in a relationship. Mr Raphael had also signed the profile up to various groups on Facebook, including "Gay in the Wood...Borehamwood" and "Gay Jews in London'".
The profile listed private information about Mr Firsht, including his birthday, relationship status, details of his whereabouts and activities, but also made false claims concerning his sexual orientation and political views.
Mr Firsht also claimed that the profile made allegations that he owed substantial amounts of money - which he had avoided paying by lying, that he and his company were not to be trusted financially, and that they represented a serious credit risk to business partners.
Mr Raphael argued that, unbeknown to him, strangers at an impromptu party he had held at his home in Hampstead, north west London, had sneaked into a spare room and created the profile using his PC. The profile was on the site for 16 days before it was spotted by Firsht's brother and taken down.
Mr Firsht accused Mr Raphael of bearing a grudge against him since they fell out in 2000, and that the creation of the false Facebook profile had caused him anxiety and embarrassment.
Mr Firsht, now in his late 30s, became good friends with Mr Raphael in Brighton, where they went to school together.
Recounting the “unfortunate dispute between two former friends”, the judge said Mr Firsht’s company provided audiences for popular shows such as Big Brother, The X Factor and Top Gear. He was personally involved in overseeing the audience operation, and his credibility and reputation were very important to him.
Mr Raphael, a freelance lighting cameraman, also spent much of his time working in television.
When they fell out over a business dispute, Mr Firsht, who said he did not hold grudges, forgot about the episode and moved on to become very successful. “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 described as “utterly far-fetched” Mr Raphael’s claim that a complete and random stranger visiting his flat for the first time used his computer for more than an hour, without being observed, to create a false and hurtful profile containing information that few people apart from Mr Raphael could have known.
Mr Raphael, as a witness in court, was “glib and loquacious, always prepared, it seemed to me, to talk his way out of a difficulty, with no apparent insight into the implausibility of some of his answers”.
The judge said Mr Firsht, a very private person, was shocked and extremely upset by the gross invasion of his privacy and the fact that personal details, including false details about his sexuality, had been “laid bare for all to see”. The damage he suffered was made worse by his being compelled to endure an expensive and time-consuming court process to achieve vindication in the face of Mr Raphael’s lies.
He would have accepted an apology if Mr Raphael had offered one at an early stage, thus avoiding the distress and expense of litigation.
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It is no longer defamatory to be called gay. Being gay is legal and therefore as honorable as being not gay. To award money to someone as 'compensation' for falsely being called gay, merely reinforces negative stereotypes about being gay. The courts are a proven demesne of retard illogic.
nick, auckland, nz
The internet is a gutter. only people of little wit and perspicuity believe what is on it, despite what others say on your site. Such comments were on there for but 16 days. The plaintiff should have proven that there was actual harm, which there wasn't. A couple of thousand yes, not 16k.
nick, auckland, nz
Well done to Facebook for removing the profile when asked.
My 12 year old son has been trying for a month to have Bebo to remove a video of him being attacked at school with no success.
Michael, Preston,
Glad to hear he won his case. Have recently been victim of identity/creditcard fraud. Have been trying to force another networksite to remove wrong info, account and all data about me for months. If site is registered in yr own country or EU there's a small chance. It's not only friends but (prospective) employers and recruiters who use these sites. I agree with mr Harvie.
Trengrove & others like you: you've no idea what you're talking about.
BlarbKit, the Hague, Netherlands
Sadly Mr Trengrove - these daysmany HR teams research people on such networking sites. So yes - actually they do believe whats on the internet. .
James, Glasgow,
Having Known Mr Raphael from chilhood, and having been a victim of his appetite for malicious rumours, I am delighted to hear of this decision. I hope the legal fees are crippling.
Best regards
Elliott, Brighton, England
Mr. Firsht should have gotten ten times as much and just maybe it would deter similar crimes in the future!
john harvie, virginia beach, va, usa
This is an excellent decision and on the same day as the award to Max Mosley. What I good day for privacy rights, not before time.
I would not wish to be associated with what Mosley was up to but I strongly respect his, or Mr. Firsht or anyone else's right to keep their private life private.
Ed, Malaga, Spain
I disagree this has been a waste of police time. I fully understand the dangers of the internet but would expect a personal profile to have been set up by the individual and thus credible and true. This is a clear case of libel causing the victim great distress because the lies were on view to all.
Jane, Sunbury, UK
Wow, how childish!
Margot, Fife,
Really? Employers check Facebook to judge the suitability of potential employees. Masses of people believe all sorts of wild claims on the internet: alien landings, or the reality of the fictional claims in "The da Vinci Code", or the claims that sodium laureth sulfate causes cancer ...
D Thalenberg, London, UK
maybe so but hopefully it will make others think before they put malicious lies on the internet for all to see. lies can be extremely damaging.
caroline, Birmingham, UK
Trengove of London, you are talking utter rubbish, of course he should be awarded damages and this should be publicised. Its no different to a newspaper writing something slanderous about you, you would sue them if they did wouldn't you?
P Thomson, London,
"He would have accepted an apology if Mr Raphael had offered one at an early stage, thus avoiding the distress and expense of litigation. "
J James, Sheffield,
The police does not investigate libel accusations, so it is hardly a waste of police time.
Further, the civil court system is there to give redress to victims of civil wrongs. Libel is a civil wrong and Firsht has been compensated by the wrongdoer for the harm he suffered to his reputation.
A. Abbasi , Wakefield, UK
J Trengove, London: I think society is past that, I am sure you believe your online bank details and emails from friends. The internet is now just as much an information source as any other medium, the issue is why there is any reason to not believe anything you read there.
Steve Nicholas, Weybridge, Surrey
Wow 22 grand for a fake profile ... that's a Firsht .
Benzo, Nr Chelmsford,
I seriously can not believe that Mr. Firsht has been awarded money for this. What a total waste of police and court time.
Everyone knows not to believe things that they read on the internet.
J Trengove, London,