By Patrick B. Craine
May 5, 2010 (LifeSiteNews.com) – Free-speech advocates are celebrating the Monday decision of the Ontario Divisional Court to protect the right to privacy of anonymous internet commentators.
Richard Warman, the Canadian Human Rights Commission's serial complainant, sought the release of information identifying eight anonymous posters to the conservative message board Free Dominion, which is run by Mark and Connie Fournier.
Judge Stanley Kershman had ruled in March 2009 that the Fourniers were to give Warman personal information such as IP addresses and email addresses for these anonymous posters, whom Warman had named as co-defendants in a libel suit against Free Dominion. The Fourniers maintained, however, that online anonymity should be protected until it is clear that there is a strong case that a “John Doe” has broken the law.
The Divisional Court Monday overturned the decision of the lower court, upholding the Fourniers' appeal.
Judge Wilton-Siegel determined Monday that plaintiffs must now prove a prima facie case against an anonymous poster before website administrators are required to turn over personal information about them. “The requirement to demonstrate a prima facie case of defamation furthers the objective of establishing an appropriate balance between the public interest in favour of disclosure and legitimate interests of privacy and freedom of expression,” he wrote.
The court warned that if disclosure of personal information were “automatic,” a plaintiff could misuse the system in order to discover the identity of anonymous posters, “with a view to stifling such commentators and deterring others from speaking out on controversial issues.”
“Because this proceeding engages a freedom of expression interest, as well as a privacy interest, a more robust standard is required to address the chilling effect on freedom of expression that will result from disclosure,” he added.
Warman was also ordered to pay the Fourniers $10,000 in costs.
“The takeaway is that it's getting harder for Warman to get his way,” commented prominent conservative commentator Mark Steyn, who himself has been subject to Warman's litigation. “The glory days of big cash payouts at the Canadian 'Human Rights' Commission are receding further and further into the past.”
The decision is available here.
See related LifeSiteNews.com coverage:
Canadian Conservative Web Forum Loses First Round in Human Rights Commission Case
https://www.lifesitenews.com/ldn/2009/mar/09032608.html