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Wednesday, April 22, 2009 

Free Dominion In Court Tomorrow For Leave To Appeal Ruling That They Must Disclose Anonymous Posters ID In Defamation Lawsuit

"An Ontario Superior Court judge has ordered a pair of website owners to turn over identifying information about eight people being accused of defamation after posting anonymous comments. "In my view, the defendants are under an obligation to disclose all documents in their power and control," Justice Stanley Kershman said in a ruling delivered Monday to defendants Connie Wilkins-Fournier and Mark Fournier of Kingston, Ont., who run the website Free Dominion."
Free Dominion

The owners of the Free Dominion site will appear in court tomorrow seeking leave to appeal the ruling noted in the above article. My friends who are 'learned in the law' belief that the identification of the anonymous posters in this defamation case will be disclosed ultimately.

Many consider this to be the watershed case that will open the doors for a number of defamation lawsuits based on defamatory material posted anonymously on the internet in Canada.

For Canadian users of Google's 'E-blogger' service, Google has now set policy that they will comply with (and will not appeal) any Canadian court order concerning defamatory material and identities.

.... more .....

I had a feeling you'd mention this case, especially consider what those hosers at SDA have posted about you recently.

Take a look at THIS.I think that every blogger needs to monitor this case. The concept that the internet is some kind of 'wild west' where you can say anything you wish is not accurate according to the courts.

The Free Dominion ruling means that laws regarding libel and slander, (which have long existed and have always placed limits on 'unfettered' free speech) also apply in cyberspace.

These laws restrict the extent to which speech can be taken.

Completely 'Free' speech - (which is not subject to Libel and Slander laws), did not exist before the advent of the internet. It still does not.

Those who are attempting to exclude new media from established legal precedents concerning libel and slander will not likely be successful in the courts - at least that is what I have been told by my lawyer friends.

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