The Federal Court of Australia has recently handed down a decision against Google setting a precedent that targets of online anonymous trolling may be entitled to access information to identify their anonymous attackers.
In the recent decision of Lin v Google LLC [2021] FCA 113, the Federal Court granted an application for preliminary discovery, requiring Google to provide information on the identity of account holders for the purpose of defamation proceedings.
The Case
The recent decision of Justice Wigney in Lin v Google LLC looked at the issue of anonymous trolls concealing their identity for the purposes of leaving defamatory reviews regarding a business.
In the case, Mr Xu Hong Lin’s business was the target of a number of Google reviews, which he considered may be the result of internet trolls using fake profiles to diminish his business’s reputation. The reviewers did not have detailed profiles, and only identified themselves by their first name.
Mr Lin brought proceedings against Google seeking an order for preliminary discovery so that he could determine the identity of the individuals so he could consider whether or not to bring proceedings against them for defamation.
In his decision, Justice Wigney considered that Mr Lin had a possible right to obtain relief relating to the defamation, which was sufficient to enliven an order for preliminary discovery. His Honour also remarked that where it can be shown the review left is prima facie defamatory (on face value); the threshold of establishing a case will be met.
Significance
Although the case did not determine whether the comments in and of themselves were defamatory, it took a step in the direction of providing targets of online trolls who conceal their identity a right to obtain information about their attackers for the purposes of determining whether or not they have a cause of action for defamation.
The case provides a mechanism for individuals to explore their rights and consider what, if any, action they may take against the anonymous commenters.
In an age of technology where making anonymous accounts is relatively easy, it is important to note that even when someone’s online account is blank and empty, the law may allow a victim to access information from internet providers to explore their rights.
How Can Marsdens Help You?
Dealing with defamation, whether it be online or in person, is a complex and difficult situation for individuals. In order to properly consider what remedies are available or the cause of action, specific legal advice is needed to explore the issues and how a resolution can be achieved.
If you have been the victim of possible defamation or are seeking advice regarding what your rights and possible remedies may be, please contact Aaran Johnson or Bharath Balasubramanian (contact details below) to find out how Marsdens can assist you with your matter.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
