The Internet is an ideal forum for people to express their opinions and perspectives under the guise of anonymity. Despite several cases that have sought to have the names of Internet users disclosed when they make derogatory or defamatory remarks, Ontario's courts recently ruled that this can happen only if the matter meets four criteria. The Ontario Divisional Court had set these criteria last summer in Warman v. Fournier.
Wendy Matheson and Natalie Biderman were involved with the case as counsel to the Canadian Civil Liberties Association as an intervener. According to Wendy, the case provided clarity for people who believe they have a right to sue based on a possible defamatory remark on a website.
"As a result of the Warman case, there are consistent and principled approaches the courts will take to address the question as to whether a plaintiff should get the disclosure of identifiers of an anonymous Internet user," she said. She also notes that in coming to the decision, the court referenced Canada's Charter of Rights and Freedoms.
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