A 15-year-old girl from Nova Scotia
brought a defamation case against someone who created a fake Facebook profile
that sexualized her image. She wanted to bring the case anonymously to protect
herself from further damage.
The lower courts rejected her claim,
but the Supreme Court of Canada upheld her right to pursue it anonymously.
This case gets to the heart of a
dilemma of social media. What protections exist--in reality, as well as in
theory?
In this case, the Court said that
children should have a layer of protection that would likely not be there for
adults. Justice Abella said that it was "logical to infer that children
can suffer harm through cyberbullying, given the psychological toxicity of the
phenomenon."
Justice Abella said that “Studies
have confirmed that allowing the names of child victims and other identifying
information to appear in the media can exacerbate trauma, complicate recovery,
discourage future disclosures and inhibit co-operation with authorities."
Not included in this case was a
factor that complicates these issues for school officials. If the alleged
defamatory content has been posted by another student in the same school, but
from a home computer, what is the responsibility of the school to act, and what
might such actions be.
Read a report on the decision at
http://www.theglobeandmail.com/news/national/top-court-defends-girls-anonymity-in-cyberbullying-case/article4571365/?cmpid=rss1
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