Legal claims for online defamation on the rise

 

Anonymous comments can be tracked

 
 
 
 
Hotels incensed by critical travel reviews have threatened legal action, commenters on a newspaper's website have found themselves  sued, and anonymity is fast-disappearing as a safeguard for loose-lipped and libellous online comments.
 

Hotels incensed by critical travel reviews have threatened legal action, commenters on a newspaper's website have found themselves sued, and anonymity is fast-disappearing as a safeguard for loose-lipped and libellous online comments.

Photograph by: Stock Photo, Getty Images

Singer Courtney Love is perhaps the highest profile Twitter user to be sued for defamation over her online comments, but her case is only one of a growing number of legal battles spurred by social media.

Hotels incensed by critical travel reviews have threatened legal action, commenters on a newspaper's website have found themselves sued, and anonymity is fast-disappearing as a safeguard for loose-lipped and libellous online comments.

"In posting things online, [a lot of people] often have this illusion that they are anonymous," said Bryan Baynham QC of the commercial litigation group at Harper Grey LLP.

"The reality is that there is often information identifying you."

The combination of access, immediacy and anonymity in social media is creating a growing business in online defamation, say Vancouver lawyers who are fielding increasing numbers of calls as individuals and businesses are fighting back against online critics.

"In my own practice I see a trend increasingly towards defamation claims based on online communication, whether it's in social media or the Internet or email," said Marko Vesely, a commercial litigator and head of the defamation and media law group at Lawson Lundell LLP. A lot of the commentary that crosses the line into defamation probably wouldn't be seen in traditional media, said Vesely.

"People don't understand that the same rules of defamation law apply to them just as they apply to major newspapers and TV stations," said Vesely.

The increasingly uncivil tone of comments coupled with rising concerns about libel is persuading some sites to simply cut off anonymous comments altogether.

Daniel Reid, also in the commercial litigation group at Harper Grey, said companies such as Google and Microsoft are generally good at complying with the court process to identify a person who has posted defamatory material. Baynham questions the value of anonymous comments, a debate that is continuing in the online community.

"I don't think there is any justifiable basis for having anonymous comments, especially among major media outlets," he said. "The problem is you can spread some really nasty information that really harms people, without any practical way of chasing them down without incurring significant costs."

Baynham and Reid said calls regarding online defamation have increased four or five fold as more people are realizing they have rights and can do something about online defamation.

So you Google your name and up pops something that crosses the line into defamation. What can you do?

1. Don't ignore it. It won't go away and it could only get worse.

2. Don't think that simply because the poster is anonymous that you can't act to have the offending post taken down. And you can take up the issue with the site hosting the defamatory material.

3. While you can seek damages from someone who defames you -- a route you may want to take if comments cost you business, or your job, or have another significant impact -- you also can have defamatory material removed without having to sue.

gshaw@vancouversun.com

 
 
 
 
 
 
 
Location refreshed

More on This Story

 
 

Story Tools

 
 
Font:
 
Image:
 
 
 
 
 
Hotels incensed by critical travel reviews have threatened legal action, commenters on a newspaper's website have found themselves  sued, and anonymity is fast-disappearing as a safeguard for loose-lipped and libellous online comments.
 

Hotels incensed by critical travel reviews have threatened legal action, commenters on a newspaper's website have found themselves sued, and anonymity is fast-disappearing as a safeguard for loose-lipped and libellous online comments.

Photograph by: Stock Photo, Getty Images

 
 
 
 
 
 
 

More Photo Galleries

skills

Gallery: Oilers skills competition...

Take a look a some of the action from the Edmonton...

 
rj_oilers_fans_signs_2001-5.jpg

Gallery: Oilers fans illustrate...

Journal Photographers Ryan Jackson and Shaughn Butts...

 
Minor Hockey Week

Gallery: Minor Hockey Week 2011...

Gallery: Minor Hockey Week 2011

 
 
 
 
 
 
 

Breaking News Alert

 
Sign up to receive e-mail alerts on breaking news from The Edmonton Journal.