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Monday, September 22, 2008
Ind. Courts - "Newspapers fight anonymous poster identity subpoenas"
This story from the Sept. 11th edition of The Indiana Publisher, published by the Hoosier State Press Association:
Two Indiana newspapers are fighting subpoenas asking them to reveal the identities of anonymous posters to Web forums hosted by the newspapersRead in conjunction with "Law - "Harsh Words Die Hard on the Web": Students at Yale Law and Indiana University Feel Effects of Anonymous Attacks," a Sept. 6th ILB entry.The Herald Bulletin (Anderson) has been asked to reveal the identities of two posters by an Anderson businessman suing the unnamed defendants for libel.
The Mooresville/Decatur Times has been asked to identify 17 individuals who have posted comments about a civil lawsuit involving the family of a Mooresville fireman who died last spring in a crash while he responded to a fire alarm. The request comes from the firefighter’s former wife. The subpoena doesn’t spell out why the identities are sought.
Newspapers that host Internet message boards should be prepared to deal with a similar request stemming from comments that might appear on newspaperhosted Web sites, said Stephen Key, HSPA general counsel.
The Anderson newspaper filed a motion to block the subpoenas based on the fact it doesn’t have the information sought. The Web network in question, “Hey Martha” is maintained by a different company, Groupee, Inc. of Seattle, Wash.
Madison Circuit Court Judge Fredrick Spencer has ordered the newspaper to provide the Baylor’s contact information for the correct entity to receive the subpoena.
The Mooresville newspaper is fighting its subpoena on a couple of grounds – the First Amendment protection for anonymous speech and Indiana’s reporter’s privilege to protect sources.
Indiana’s law isn’t clear on how the courts will balance the First Amendment protection for anonymous speech versus the right to protect one’s reputation from libel.
The best cases in other states have established a process that requires:
• Anonymous defendant be notified so that he/she can enter an anonymous appearance in the case to defend First Amendment right to remain anonymous;
• Specification of words that are defamatory;
• Judicial review to determine whether the words are defamatory;
• Presentation of evidence by plaintiff to support a continuation of the case;
• Decision by the judge on whether right to speak anonymously is overridden by right of plaintiff to obtain relief for wrongs committed.Application of the shield law to protect those who commented on the newspaper article is a new concept, but was recently accepted in a Montana case involving the Billings Gazette.
Regardless of the merits of a libel lawsuit filed, newspaper will incur legal costs to fight a subpoena or direct the plaintiffs to the proper entity that has the information sought, so Key said it’s in the newspaper’s best interest to educate Web site participants about their responsibility to express their views in a responsible manner.
Posted by Marcia Oddi on September 22, 2008 02:46 PM
Posted to Indiana Courts