Following a trend of the erosion of privacy rights online, an Ontario couple who own a far-right website were ordered to disclose the names of eight anonymous posters related to a defamation lawsuit.
The owners of FreeDominion.ca, Mark Fournier and Connie Wilkins-Fournier, were told that they would have to reveal the names of anonymous posters who attacked Ottawa anti-hate-speech activist Richard Warman. He is suing the couple, alleging that they “falsely and maliciously published and circulated†defamatory comments about him. The Fourniers argued against the disclosure saying that posters on their site behave differently under the shroud of anonymity than as if they were publicly identified.
Ontario Superior Court Judge Stanley Kershman decided that “the defendants are under an obligation to disclose all documents in their power and control.” He cited a case from 2004 in which it was stated that privacy rights must be balanced with the public interest and the rights of others. He also cited a more recent child pornography case in which the judge found that there was “no reasonable expectation of privacy” with respect to ISP disclosure of customer information (this case is discussed in detail at LawIsCool here).
UofO professor Michael Geist disagreed on his blog with the argument that the disclosure of the posters’ information was essential to protection of the public interest:
Protection for anonymous postings is certainly not an absolute, but a high threshold that requires prima facie evidence supporting the plaintiff’s claim is critical to ensuring that a proper balance is struck between the rights of a plaintiff… and the privacy and free speech rights of the poster. … I fear that the high threshold seems to have been abandoned here.
So as the blogger wars heat up below, keep in mind while posting that you can’t always hide behind the anonymity of the Internet.
The fact you consider “Free Dominion” a far right website, simply shows how far to the left you are. I doubt you have even read the writings of Mr. and Mrs. Fournier. If you had, you would see that what they write is pretty generic stuff, except to those who prefer to throw rocks at police and criticize the “rich”
You will also notice that Free Dominion allows for all points of view, whereas most of the sites considered Left-wing usually block access to comments from those who they disagree with.
Free Dominion = Free speech
Left wing sites = groupthink/exclusion
Frankly, if you consider Free Dominion far right, then it is pretty clear you would consider Jack Layton a “Centrist”
No wonder our Justice system is in the tanks and pilloried by the public.
Law is Cool: Far-right is how many mainstream media characterize Free Dominion. Unless you think CanWest is leftist.
Far-right sites allow uncensored posts because they operate on a mobosphere mentality. Yell louder than everyone else and they might think you’re right. If that doesn’t work, start insulting them personally.
Recent suits against that specific site are one of many that are likely to follow. We are well aware here that Canadian laws do not allow you to say anything you want to. We do our best to moderate a lot of your hatred out.
Our apologies if we inadvertently miss something.