Thread: Judge rules site must identify anonymous online posters

Judge rules site must identify anonymous online posters

20 commentsMar. 2, 2011 08:04 AM
The Indianapolis Star

INDIANAPOLIS - A judge here has ruled, for the first time in Indiana, that news media outlets can be ordered by the court to reveal identifying information about posters to their online forums.

In rulings this week and last week, Judge S.K. Reid of Marion County Superior Court became the first judge in Indiana to rule on whether the state journalism shield law protects media outlets from being forced to disclose names of anonymous posters on their websites or other identifying information about those posters, said Kevin Betz, a lawyer for Jeffrey Miller, former chief executive of Junior Achievement of Central Indiana.

The rulings came in a defamation lawsuit Miller filed last year. He is seeking to broaden the list of defendants in his case to include people who criticized him anonymously last year on websites run by The Indianapolis Star, Indianapolis Business Journal and WRTV-TV.

The case is among a growing number of defamation claims nationally that target anonymous Internet posters to websites operated by news media and other owners.

"We are seeing more and more defamation lawsuits being filed, that's clear," said David Hudson, a First Amendment scholar at the First Amendment Center affiliated with Vanderbilt University in Nashville, Tenn. Hudson said the public should be concerned if anonymous comments on public websites begin drying up because of the fear of lawsuits.

"If this happens, then people will be less likely to comment" on public issues, he said.

All three Indianapolis media outlets fought the subpoenas served on them to turn over identifying information about posters to their sites.

The judge ruled that The Star and IBJ must turn over the identifying information, which typically tells a poster's Internet protocol address or Internet provider. Using that, an attorney can subpoena the Internet provider for the poster's real name.

"Our practice is not to reveal the names" of people who post anonymously on The Star's website, said Dennis Ryerson, The Indianapolis Star editor and vice president. "We've long had a practice of protecting sources at all levels."

Ryerson wouldn't comment on the judge's ruling, except to say, "We now are reviewing our legal options."

http://www.azcentral.com/news/articles/ ... sters.html

The judge ruled that The Star and IBJ must turn over the identifying information, which typically tells a poster's Internet protocol address or Internet provider. Using that, an attorney can subpoena the Internet provider for the poster's real name.

Wouldn't such actions prevent citizens from aiding law enforcement officers when they have information pertaining to crime? Possibly, they would become frightened to post the information on line, due to fear of exposure?