Sacré Bleu! French Blogger Fined for Bitching Online About Restaurant Food & ServicePosted: July 16, 2014
What is perverse, is that we look for bloggers who are influential, but only if they are nice about people.”
— Caroline Doudet, Blogger
— Translated from French via Google Translate —
“New: restaurants continue their customers who dare to criticize I must say they are the judges to prove them right.”. The lawyer-blogger Maître Eolas was surprised last night of the decision of the Tribunal de Grande Instance de Bordeaux on June 30, which condemned referred blogger “The Irregular” € 1500 as a provision on damages 1000 € of costs of proceedings (Article 700 of the Code of Civil Procedure) for a review of a restaurant in Cap Ferret (33).
[A better analysis of this at The Corner by National Review‘s Ian Tuttle – “French Court Criminalizes Food Critic’s Google Success”]
This restaurant had just enjoyed a post “The Irregular” titled “The place to be avoided at Cap-Ferret” followed by the name of the institution (the article has since been removed but is still available in the cache here) published in August 2013, and appeared on the first page of Google when you typed the name of the restaurant.
‘The Place to be Avoided at Cap-Ferret’
The paper lamented including disruption of service in the institution and the attitude of the owner of the premises, described as a “diva”. “All that for two appetizers … take what wars” concluded the post with reference to a dark history of appetizers arrived at the same time as the main course (the blogger had therefore returned).
Blog Chronicles Cultur’elle several topics such as literature, or television and very little cooking
“They did not even ask me to remove the item or change the title before I tackle interlocutory [emergency judicial proceedings]. So I was completely taken over and I chose to do not take counsel for practical reasons, I do not even have time to find one! “laments the blogger @ precise if it does not intend to appeal the decision, and she chose herself to remove the item even if the court does not require it (only the title should be amended).
“The article was more of an insult than the critical”
The side of the restaurant, the manager believes his side that the article in question “was more of an insult than criticism.” “The blogger came once in the restaurant: I remember very well when I serve 300 people per day, it will tell you if she was kind and she wrote an article where she describes one of my waitresses. Harpy. I can not let this go. Maybe there was error in the service, it sometimes happens in the month of August, I admit. But this article went up in Google results and was more harm to my business, when we bump seven days a week for 15 years, I could not accept it. can criticize but there is a way to do it in compliance, which was not the case here. Now justice has spoken and for me the case is closed “explains the owner.
“To my knowledge, this is the first time that such procedure is a particular holding an amateur blog generates no income due to Eolas @ though. Without having read it yet, I am booked on the order which further illustrates the need for a lawyer [blogger who chose to represent itself] a development of the law of the internet, in my opinion. “For the lawyer, the “denigration” (which relates to a product or service unlike defamation regarding a person) held by the court a problem since this qualification requires “malice”. “In the case of this article, it seems to me there is more in the case of a perfectly legitimate criticism,” concluded the lawyer.
- Bloggers Beware! A Too Critical Review Could Bring costly Damages in Bordeaux (french-news-online.com)
- Esquire:Quick Tip: Don’t Post a Negative Restaurant Review in France. You Might Get Fined. (esquire.com)
- French Blogger Fined For Negative Restaurant Review (tech.slashdot.org)
- DON’T BE EVIL – UNLESS THERE’S MONEY IN IT OR SOMETHING: Google to Censor Blogger Blogs on a ‘Pe… (pjmedia.com)