Optical Express has failed in a battle to have a website that criticised its laser eye surgery services closed down.
The multiple submitted a claim to internet registry company Nominet, that the website, www.opticalexpressruinedmylife.co.uk, created by campaigner Sasha Rodoy, was funded by laser eye surgery rival Optimax and attempted to have the name removed.
The case, submitted by DCM (Optical Holdings), was considered by a panel of experts put together by Nominet, who said the allegations made by Optical Express had been designed to ‘impugn the honesty and integrity’ of Rodoy, who ran a similar website relating to Optimax until reaching a confidential settlement with the firm.
The panel said the substance of the allegation was that the website was not a bona fide protest site operated as part of a campaign against deficiencies in the laser eye surgery sector, but in fact a covert campaign funded by Optimax to damage the reputation of Optical Express. It added that it was not able to reach a finding that either Rodoy or the website were covertly funded by Optimax.
‘If the complainant wishes to pursue an allegation of that nature it should do so in a forum more suitable for determining serious and disputed allegations of integrity and dishonesty against someone who on the face of matters appears to be pursuing a bona fide protest campaign,’ said a statement issued by the panel.
‘At no point have OE denied the truth of the content of the website, nor have they ever attempted to sue me for libel during the two years my site has been up,’ said Rodoy after the decision.
Reacting to the news, an Optical Express spokesperson said: ‘We are extremely disappointed and surprised by the decision of the Nominet dispute resolution service appeal panel as we believe we had a very strong case. We are now actively considering our options with regard to pursuing our challenge via other avenues.’