A woman was ordered to pay over $370000 in damages after posting a false negative Google review - Business Insider

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A woman was ordered to pay over $370000 in damages after posting a false negative Google review - Business Insider


A woman was ordered to pay over $370000 in damages after posting a false negative Google review - Business Insider

Posted: 02 Jul 2019 04:45 AM PDT


In February 2017, Cynthia Imisides had surgery performed on her nose and cheeks by a Sydney-based cosmetic plastic surgeon, Dr. Kourosh Tavakoli — a "household name for elite plastic surgery in Australia" with a specialty in breast augmentation, according to his website.

Following the surgery, a judge has now ruled, Imisides falsely told her ex-husband that she had been charged for a buccal fat procedure, in which the fat around your cheeks is removed, but that it hadn't been performed by Tavakoli. Imisides repeated this claim in a negative Google review on Tavakoli's page, posted in September 2017.

According to court documents, the review claimed "that the plaintiff charged the first defendant for a buccal fat procedure that he did not perform; that the plaintiff acted improperly in relation to a buccal fat procedure for the first defendant; and the plaintiff acted incompetently in relation to a buccal fat procedure for the first defendant."

A judge ruled June 24 that when Imisides told her ex-husband about the "false" procedures and later repeated it in a Google review, she knew the statement was untrue.

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"She knew that the statement made to the second defendant as to the non-performance of the operation was untrue and she knew that the second Google review statements were untrue," Justice Stephen Rothman said. Imisides is listed as the first defendant in the case, with her ex-husband listed as the second defendant.

Following the negative review, court documents said, traffic to Tavakoli's site dropped by more than 23% in less than a week. When Tavakoli became aware of the publication of the review, he said he became "extremely distressed and embarrassed," according to court documents.

The woman told her ex-husband and published a negative review on the surgeon's Google page in September 2017.
iStock

In late September, Imisides was served a court order about the review and it was removed from the site. Then, one week before the trial was set to start, she went on to publish yet another negative review about the procedure on Google.

Imisides was ordered to pay Tavakoli the equivalent of $370,470, or 530,000 Australian dollars, in damages for defamation as well as pay his legal costs. The court documents surmised the imputations of Imisides' defamatory Google reviews and their impact on Tavakoli's business, finding that "those allegations have been shown to be plainly untrue."

"The allegations contained in the publication are extremely serious and go to the heart of the reputation of the plaintiff in his profession," Rothman said.

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Imisides was also ordered not to publish her negative review on Google. Business Insider has reached out to Google for comment.

This decision comes after a landmark Supreme Court ruling in Australia that found media companies could be sued for defamation for public comments made on their Facebook pages.

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