Mzwakhe Mbuli to sue Google after being labelled HIV-positive
Mzwakhe Mbuli is suing Google. This is after he found an article that labelled him as HIV-positive.
He is thus accusing Google of defamation of character. For him, classifying him as a sufferer of the disease violates his human dignity.
“Currently, I have a clean bill of health.
“You can’t allow people to give another impression.
“When one or two people say, ‘Are you fine? Are you positive or negative?’ You don’t take it seriously but when a fourth person says something similar, you say, ‘Hang on, you are the fourth person to say this. Where do you find this thing?’” Mzwakhe stated.
His friend, who is in the medical field, questioned his status after seeing a picture of him in an article about famous people living with the disease.
“He said I was wearing a shirt with a shield and spear. It’s a blue shirt,” Mzwakhe confirms. A picture was also sent on Whatsapp, that confirmed the existence of the article.
Right to privacy
He contacted his advocate who advised him on actions to take. Along with defaming his name, Mzwakhe was also advised that he can take action against Google for violating section 14 of the constitution. The section focuses on his right to privacy.
Mzwakhe has taken this step to stop the spread of fake news. Google is set to receive papers today.
“I’m alive and I will not just accept that somebody or people out there can post and display me as a person living with HIV.”
He wants to send a stern warning on the dangers of spreading rumors.
“When you demean and defame someone, there are damages.”
His advocate also explained why they are suing google and not the medical journal that published the article.
“When you sue, you have the plaintiff and the defendant and in this case we are having the first and the second defendant. The first defendant will be the person who published the information or who wrote the article,” he explains. “The second defendant will be the one who published – Google in this case”
According to him, Google had the responsibility to fast check what had been posted.
“We can’t leave Google to say they are innocent. Google was supposed to ensure they verify their information before they can publish it. To get the side of the story of person who is involved or to get his consent or his permission.”
