Friday, June 04, 2010

Appellate court rules Illinois newspaper must identify anonymous commenter for libel case

Newspapers around the country are still working to understand how libel law applies to the Internet, and now a Illinois court has ordered a newspaper to turn over information about an anonymous commenter who allegedly posted defamatory comments on the paper's website. The ruling came from the Third District Appellate Court in Ottawa, Ill., against The Times of Ottawa, circulation about 11,500. "The case stems from 2008 when Donald and Janet Maxon of Ottawa took court action to force The Times to identify the person who, under the screen name 'FabFive from Ottawa,' twice posted comments, which the Maxons claimed suggested they bribed members of the Ottawa Plan Commission," Dan Churney of The Times reports.

Several neighbors had opposed the Maxons' plan to add rooms to their house for a bed-and-breakfast lodging, and the family eventually abandoned the plan after deciding it was in violation of a city ordinance, Churney writes. The Maxons wished to pursue a libel lawsuit against the commenter, but Times publisher John Newby said he would not supply the information without a court order. A Circuit Court judge dismissed the Maxons' lawsuit in 2008 and they filed an appeal.

The court's 2-1 majority ruled proper safeguards were observed in the case "to show the legitimate need for The Times to provide the commenter's identifying information," Churney reports. "In the interest of our readers and online visitors, we attempt to maintain the privacy of those who make comments," Newby said. "Until a court tells us otherwise, we feel obligated to uphold that trust. With this recent court ruling, pending no further legal actions, our course of action becomes clear and we can do so with the full support of the courts." (Read more)

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