Update: Online Anonymity

This post ( The Legality of Online Anonymity: Two Cases ), reviews two recent Ontario cases which decide when to order the disclosure of identities in the conext of anonymous online comments. Courts will assess these “Warman” factors in deciding when to order disclosure:

  • whether the anonymous person could have a reasonable expectation of anonymity in the circumstances; 
  • whether the plaintiff could establish a prima facie case against the anonymous person and is acting in good faith;
  • whether the plaintiff has taken reasonable steps to identify the anonymous party and has been unable to do so; and
  • whether the public interests favouring disclosure outweigh the legitimate interests of freedom of expression and right to privacy of the anonymous person.

Related Reading:

Exposing Online Identities: Another Update 

Is a Website Operator Liable for User Comments?

Calgary – 07:00 MDT

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