Someone posts a comment about you or your company that is slanderous, racist, or simply causes offense. It may be possible to sue them for their actions. This is nothing new of course. However, what about if that comment is posted anonymously? That does not necessarily mean you cannot file a lawsuit and sue the poster for damages. An Idaho politician is doing just that. Anonymity is no protection any more.
The Idaho Spokesman Review hosts a blog just like many newspapers. Blogs attract comments and sometimes spark heated debates between people with very different opinions. They attract visitors and are great for publicity, plus they have much a bigger reach than a newspaper. Sometimes comments are posted that cause offense.
One blog commenter recently posted comments that seriously offended politician Tina Jacobson, chair of the Kootenai County Republican Central Committee.
The comments, which were posted anonymously, are now the subject of a lawsuit in which Jacobson seeks $10,000 in damages. Only a couple of comments were posted by the person who identified themselves as “Almost a Bystander,” but that was enough for legal action to be taken. Jacobson had posted an article on the website and on February 14, 2012, the comments were added. They allege Jacobson had been embezzling funds: Serious allegations. The owners of the website promptly deleted the comments, together with the entire post.
Whatever happened to free speech?
The newspaper maintains that readers should be allowed to post comments on articles, and that it should not be necessary for individuals to identify themselves. The paper also does not believe that commenters should have their identities revealed if they have chosen to post anonymously.
If the newspaper continues to protect the identity of “Almost a Bystander,” it is probable that the paper will have to cover the cost and pay the damages. The case could well set a precedent, which could have a serious effect on other newspapers, blogs and websites that allow comments to be posted anonymously.
If the company hosts a website that allows social interaction, they may have to reveal the identities of anonymous comment posters. But to do that they would have to include that in their website terms and conditions. Revealing the identity of an anonymous individual could well result in that person suing the newspaper for damages. What do you think?