Yesterday, the Nova Scotia Court of Appeal issued a decision (AB v Bragg Communications Inc, 2011 NSCA 26) denying a child-plaintiff's application to proceed in a defamation action under a pseudonym and to impose a publication ban on the defamatory materials. The case involves a fake Facebook profile created by an unknown person and the dissemination of defamatory messages via that profile. The plaintiff sought the court's assistance in tracking town the intended defendant based on the IP address. At the original hearing, the judge denied the application to proceed under a pseudonym, which was upheld by the Court of Appeal. In short, the open courts principle trumps her concerns.
Since I was one of the lawyers working for the young girl who sought the application, you should read Dan Michaluk's summary for an unbiased view: Nova Scotia CA Favours Open Courts Over Youth Privacy in Facebook Defamation Case « All About Information.
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