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styky
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 Posted: 05/ 04/ 10 3:08 pm Post subject: Warman v. Wilkins-Fournier: Balancing Disclosure, Privacy, a |
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Warman v. Wilkins-Fournier: Balancing Disclosure, Privacy, and Freedom of Expression Interests in Internet Defamation Cases
May 4, 2010
While the internet provides users with an environment in which socially valuable anonymous speech can flourish, it also provides users with an opportunity to defame others behind a shield of anonymity. If these users can be identified, they may be held liable for defamation. Unfortunately for plaintiffs, the identities of these individuals are usually known only by the website or internet service provider (“ISP”) through which the statements were made, and these entities generally decline to disclose a user’s identity in the absence of a court order compelling them to do so. Faced with a growing stream of plaintiffs who seek these kinds of orders, courts have sought to craft approaches to evaluating applications for disclosure that strike an appropriate balance between the privacy interests of anonymous internet posters and the reputational interests of plaintiffs. full story
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 J.B. Stone
Joined: 11 Apr 2003 Total posts: 42219 Location: Northwest Montana Age: 61 Gender: Male
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| Posted: 05/ 04/ 10 4:24 pm Post subject: |
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| Quote: | | The decision is now the leading authority in Ontario for the proposition that the objectives of the disclosure obligations under the Rules must be balanced with the right of freedom of expression in internet defamation cases. |
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