| Website that criticizes plastic surgeon is legal, court rules |
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| Thursday, 01 February 2007 | |
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Ms. Gilberts contends that Dr. Sykes botched a brow lift performed on her over five separate surgical procedures. She says that the brow lift, performed in 2003, left her with a permanently surprised look, eyebrows higher than expected, unable to fully close her eyes and one eyebrow higher than the other. She did not accept the surgeon's assessment that the results of the brow lift were "good and improving". In order to publicise her dissatisfaction with the brow lift, she launched her website in 2005, recounting her experience and seeking to inform and educate members of the public considering plastic surgery. She named Dr Sykes as the surgeon responsible for her procedure and went on to list other medical malpractice suits that were allegedly filed against him. She also included before and after photos of the brow lift procedure. In response, Dr. Sykes asked Ms. Gilbert to close down the website. When she refused, he launched a lawsuit, claiming that the website was defamatory and caused him emotional distress and loss of business. He also claimed that the "after" photos on the website had been taken after "additional and significant cosmetic surgery procedures" had been performed, but not by him. Ms. Gilbert then responded to this lawsuit by saying that she was merely exercising her right of free speech in a public forum and in connection with a matter of public interest. After a series of rulings, the California Court of Appeal said that the website was allowed, dismissing his claims because he was a "limited purpose public figure". Justice M. Kathleen Butz explained, “Sykes’s sought-after prominence as an expert in and advocate for plastic surgery as a means of personal enhancement transformed him into a limited purpose public figure. As such, statements alleging that his surgical procedures resulted in disfigurement or required expensive multiple corrective surgeries are entitled to constitutional protection.” Justice Butz said that Dr Sykes, in order to shut down the website, would need to provide clear and convincing evidence that the statements made by Ms. Gilberts were false and that they were published with malice. |
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