Canadian Civil Liberties Association welcomes Divisional Court decision protecting Internet anonymity

Torys successfully intervened on behalf of the Canadian Civil Liberties Association in a Divisional Court appeal in Warman v. Wilkins-Fournier. The case sets a significant precedent in the area of Internet law by establishing that the identity of an anonymous Internet user will not automatically be disclosed to a plaintiff in a civil proceeding absent proof of a prima facie case and a consideration of the Internet user's Charter rights, even though the information is in the possession of a named defendant.

The Divisional Court overturned an order requiring the named defendants, who run an Internet message board, to produce all documents in their possession relating to the identities of several John Doe defendants who posted allegedly defamatory comments on the message board. The Divisional Court found that the case engaged both freedom of expression and privacy interests under the Charter, and that these interests should be balanced against the public interest in disclosure for the administration of justice. It held that courts should adopt a process that provides for a balancing of the interests at stake before identity information is disclosed by a party. Otherwise, a plaintiff with no legitimate claim could misuse the court rules by, for example, commencing a frivolous action against an Internet service provider for the sole purpose of unmasking an anonymous Internet commentator.

Further information is found on the CCLA's website.