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A federal judge has dismissed a defamation lawsuit brought against BuzzFeed by a Russian Internet entrepreneur who claimed to have been defamed by the publication by the website of the news website called on the alleged links of President Donald Trump with Russia.
Judge Ursula Ungaro of the US District Court of Miami said Wednesday that the publication of the file by BuzzFeed was protected by the privilege of fair-report, a legal protection of the media presenting specific information government activities.
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In some states, the privilege only covers records of public proceedings, such as a court hearing or a legislative debate. However, Ungaro had previously said that the New York law to the case of Russian businessman Aleksej Guabrev. The New York law protects the accurate records of government investigations, whether public or private, the judge said.
"The New York courts have extended the term" official procedure "to any official investigation, even if it is not open. the public, "wrote Ungaro, appointed by President George W. Bush.
It is well established that the case was discussed with Trump and President Barack Obama and was the subject of a FBI investigation However, Gubarev's lawyers argued that there was no evidence of an investigation into the allegations contained in the case concerning his alleged involvement in government-sponsored piracy russian Democratic Party agents ordered in 2016.
But the judge stated that BuzzFeed did not need such detailed information about the probe to be legally protected during the publication of the document, which ty compiled by the & # 39; former officer of the British intelligence services Christopher Steele.
go line by line to determine if there is an official action regarding each statement of [the report about Gubarev] will not impose on BuzzFeed the obligation to accurately recount the official debates, but would impose upon him the duty to thoroughly investigate the allegations in the Case File and to determine whether the government was investigating each separate allegation. The law on defamation does not impose this requirement on the press, "wrote Ungaro.
"Such an examination, line by line, would reduce the scope of the privilege and thus limit the capacity of the press to fulfill its main function," added the judge.
Ungaro also stated that BuzzFeed adequately linked the file to the current file. federal inquiry by linking it to a CNN report on Trump and Obama's briefings. The Russian entrepreneur's lawyers had difficulty arguing that such a reference did not allow BuzzFeed to rely on CNN's reports, but the judge disagreed.
Gubarev's lawyers immediately pledged to appeal the Atlanta-based 11 [] circuit. Court of Appeal.
"Nothing in today's decision of the Court in any way suggests that the allegations concerning Mr. Gubarev, Webzilla or XBT Holding are true," said lawyer Val Gurvits in a statement, referring to two Gubarev companies. who joined in the suit. "When we started this business, we knew it would be a marathon and not a sprint. We remain convinced that after an appeal, this case will be presented to a jury and that we will succeed in asserting the names of the applicants. "
Gurvits stated that the appeal would specifically challenge the judge's decision that Justice BuzzFeed was correct.The hyperlink to the CNN website allowed BuzzFeed to be published as a report. About the Federal Inquiry
Ben Smith, editor of BuzzFeed, who had been personally named as an accused in the case, hailed this decision as a victory for the free flow of information to the public.
"When we published Steele's record in 2017, we were outraged – an information officer and President Trump felt that it was a" fake "and several Russian businessmen sued for defamation.Today, nearly two years later, a federal judge justified our decision," wrote Smith. fundamental principles of the first amendment e That the public has the right to know the actions taken by its government. As we have said from the beginning, a document circulating at the highest levels of the government, under active investigation by the FBI and communicated to two successive presidents, is clearly the subject of an "official action" ". "
Attorney representing BuzzFeed in the trial, Roy Black, also praised the judgment.
" Judgment is a strong affirmation of the First Amendment.It is more important that the public know what is discussed at the highest levels of government, above all, "said Black." If Buzzfeed had not been published, citizens would not understand the current conflict between the president and other branches of government, nor the conflict between the president and the special advocate. "
BuzzFeed's victory Tuesday followed a setback for publication Tuesday, when the judge ruled that Gubarev was not a public figure for the purposes of the action for defamation that he had instituted last year.
This decision meant that Gubarev might possibly prevail by demonstrating the mere negligence of BuzzFeed and should not not meet the more demanding criterion of the "real malice" generally applied by US courts in litigation involving high-profile individuals or persons. engaged in a public debate.
This decision is irrelevant in light of Ungaro's decision dismissing Wednesday's lawsuit in its entirety, but the issue of public figures could be significant if the appellate court relaunched the case ultimately.
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