Nova Scotia: Facebook bullying case goes to court

[David Baxter PhD]

Facebook bullying case goes to court
CBC.ca
Tuesday, May 25, 2010

N.S. family demands names behind fake account

A Nova Scotia family has taken legal action over a fake Facebook page they say defamed their daughter.

Someone created a fake account in the name of the 15-year-old girl in March, using a real photograph of her. The girl's father said the picture was likely taken from her true Facebook account.

The family alleges that what followed amounted to Facebook bullying, with defamatory comments posted to appear that they came from the girl.

The family hired Halifax lawyer Michele Awad, and she contacted Facebook's head office in California. It told her the computer IP address of the person who created the fake account was in Dartmouth, N.S.

Awad then contacted Eastlink, the internet provider, seeking the name of the person.

Eastlink told her she would need a court order to get the name, but that Eastlink would not oppose the application.

On Wednesday, a Halifax court will decide if Eastlink must turn the name over to Awad.

Legal action possible
If the name is revealed to the family, it will have one year to take legal action against the creator of the fake account.

Court documents say the family is considering taking legal action if the name is turned over.

The family is not being identified, and Awad is asking the court to ban information that could identify the girl or what was said on the fake Facebook profile, which has now been disabled.

In April, Awad represented officials from a Halifax fire department who asked a court to force a Halifax newspaper, The Coast, to hand over the names of anonymous online commentators.

Nova Scotia Supreme Court Justice Heather Robertson ordered that the names be provided in that case.

Eastlink's Kimberly Hayes declined to speak to CBC News, but in an email to Awad she said the company is experiencing a high volume of such requests lately and that it is becoming a significant burden on its resources.

 

[David Baxter PhD]

Judge orders Halifax ISP to reveal identity of Facebook bullies

Judge orders Halifax ISP to reveal identity of Facebook bullies
The Canadian Press
Friday, May 28, 2010

Eastlink is required to hand over customer information to parents of 15-year-old alleged victim of defamation

A Nova Scotia Supreme Court judge has ordered an Internet provider to hand over customer information to parents who are trying to determine who's behind a fake Facebook page that they allege defamed their daughter.

But Justice Arthur LeBlanc rejected an application to place a publication ban on the identity of the 15-year-old alleged victim, or details of what was said about her on the Facebook profile.

Mr. LeBlanc heard arguments Thursday from the lawyer who represents the girl's family and two lawyers who represent the Halifax Chronicle Herald and Global TV.

Michelle Awad, the family's lawyer, had argued that the girl's identity should be protected and any details of the allegedly defamatory comments should be banned from publication to prevent further damage to her reputation.

Lawyers for the media outlets argued that the prospect for further embarrassment is not enough to warrant restrictions on media coverage, and that Ms. Awad had failed to provide evidence to show that a ban is necessary.

Under the judge's order, Halifax-based Eastlink is required to give the family customer information it has on the account that created the Facebook page.

 

[Ade]

A few cases taken to court and given some high profile exposure may make some people think twice about what they say and do, I can't see it stopping the hacker but its good that people start to understand that they can be held to account