A panel of Illinois appellate court judges ruled that an Ottawa newspaper published by Ottawa Publishing must release the names of commentators on its Web site alleged to have made defamatory statements, the Chicago Tribune reported.
With the help of an Illinois injury attorney, Ottawa couple Donald and Janet Maxon filed a motion urging Ottawa Publishing to release the names of two commentators they claim made defamatory statements about them.
The anonymous commentators allegedly accused the couple of bribing members of the Ottawa Plan Commission, according to court records. Donald and Janet Maxon sought to add rooms to their home in order to start up a bed-and-breakfast.
A LaSalle County circuit judge dismissed their motion, stating that the couple did not satisfactorily prove that the statements were in fact defamatory. But Ottawa Publishing filed a motion against the request, arguing that "trial courts in Illinois must take extra steps to protect the anonymity of Internet posters," according to court records.
The article pointed out that the Tribune, as did other news organizations, filed a "friend of the court" brief in support of the publisher. The Tribune had argued that anonymous online posters are protected by the First Amendment and that ruling otherwise would result in "irreparable harm" to the public's access to news.
But the panel of justices disagreed and reversed the decision, arguing that bribery accusations are not just opinions, effectively granting the couple their request:
"We find that the statements purport to be factual allegations of bribery by the Maxons and must be answered."
The popular practice of posting anonymous comments online has opened up a whole new can of worms in the area of defamation.
Related Resources:
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Elements of Libel and Slander (FindLaw)
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Call a Chicago Accident Attorney (FindLaw)
