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| Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc. ： ウィキペディア英語版 |
Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc.
''The Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc.'' is a New Hampshire Supreme Court case in which Mortgage Specialists, a mortgage lender, sought to obtain the identity of an anonymous source who provided Implode-Explode Heavy Industries (Implode), a website monitoring risky lenders, with a confidential document detailing Mortgage Specialists' loan practices.〔 Mortgage Specialists also sought to prohibit the republication of the document and learn the identity of an anonymous individual who allegedly defamed Mortgage Specialists on Implode's website.〔 Mortgage Specialists disputed Implode's status as a news organization, claiming that it should not be afforded the rights of a news organization under the First Amendment to the U.S. Constitution and Part I, Article 22 of the New Hampshire Constitution.〔
The resulting court decision found that Internet news outlets should be treated like print media and receive the same legal privileges granted to traditional journalists.〔 Similarly, the court found that the publication of the confidential documents could not be restrained and that the identity of the anonymous poster was protected so long as Mortgage Specialists could not prove harm.〔 This case set a precedent for protecting the legal rights of online media and reiterates the high legal hurdle required to restrict the free flow of information.
== Background ==
Implode was a website that reported on risky mortgage lenders and allowed users to post comments on different lenders. Mortgage Specialists was a mortgage lender. In August 2008, Implode posted a report describing "administrative actions taken by the New Hampshire Banking Department against Mortgage Specialists." The story included a link to a loan chart that allegedly documented Mortgage Specialists' loan practices.〔 An anonymous poster acting under the pseudonym Brianbattersby posted two comments about Mortgage Specialists on the site.〔 Mortgage Specialists filed suit in New Hampshire Superior Court, seeking an injunction that would require Implode to remove the postings and the link and disclose the identity of Brianbattersby and the source of the loan chart.〔 Mortgage Specialists contended that linking to the chart was an invasion of privacy and was unlawful under RSA 383:10-b (2006), which provides for the confidentiality of reports prepared by the state banking authority.〔 Mortgage Specialists alleged that the Brianbattersby postings were false and defamatory.〔 The trial court ordered Implode not to link to the loan chart, to take down the postings, and to disclose the identity of Brianbattersby and the source of the loan chart.〔 Implode appealed to the New Hampshire Supreme Court.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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