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Online Anonymity Under Legal Attack- 14/06/2011
Tweeters and bloggers who think they can avoid legal action by making anonymous postings on the internet are in for a rude awakening, after Twitter was forced by a US Court to disclose the details of users behind a number of accounts, warns Wolverhampton law firm FBC Manby Bowdler LLP.
South Tyneside Council went to the Superior Court of California to force Twitter to release the name, address, email address, telephone number and geographical location of the users behind five accounts, which the Council alleges have been used to post false and defamatory statements about a number of councillors and council officials.
“When it comes to libel there is no difference in law between a comment published on-line or on paper, but many people consider that they can write what they like on Twitter or social networking sites, without facing any consequences, by hiding behind an anonymous user name,” says Charlotte Clode, a solicitor who specialises in media law and libel in FBC Manby Bowdler’s Litigation Department.
“The South Tyneside Council action is believed to be the first time which Twitter has revealed details of any UK-based users, as legal action was taken in its home state of California,” says Miss Clode.
“Previously people who have been libelled, or who have been seeking to protect a super injunction have served an order through the UK courts, known as a Norwich Pharmacal Order, on Twitter to release details of user accounts, but Twitter has failed to comply.”
According to Miss Clode, the action in the California court by South Tyneside Council could have implications both for future libel cases and super-injunctions.
She says: “Many people consider using social networking sites the same as having a conversation with their friends, often making what they might regard as humorous or jokey comments. However, if the subject of those comments regards them as defamatory they can sue for libel, as they have also been made available to a third party
“If people repeat allegations or information banned by a super injunction on line, then they too could be liable.
“Safety in number appears to have saved people who re-tweeted allegations about Ryan Giggs, as the cost and inconvenience made it difficult to pursue numerous bloggers for breaking a super injunction in circumstances where the information was already out in the open.
“There is also the difficulty that an injunction can usually only be enforced against those who have been served with it, but as celebrities willingness to use the law on both sides of the Atlantic to protect their privacy seems set to increase, tweeters and bloggers need to think twice before they post or repeat any allegations on line,” concludes Miss Clode.
With 34 partners, FBC Manby Bowdler is one of the largest law firms in the West Midlands. In addition to Wolverhampton, the firm also has offices in Willenhall, Telford, Shrewsbury and Bridgnorth.