Online libel case stirs up free speech debate

16.10.2009

In response to an order from the court, the paper turned in the IP address for Hipcheck15. Stone then obtained a similar order from the circuit court judge that asked Hipcheck15's Internet service provider, or ISP, to reveal the true identity of the person to whom the IP address was assigned to.

According to the Tribune, the ISP late turned in the identity of Hipcheck15 to the court last month. A hearing is now scheduled for November 7 to decide whether the judge should provide Stone with Hipcheck15's true identity.

Stone apparently has insisted that all she is trying to do is protect her son and other children from being similarly attacked online. She is hoping the case will serve as a deterrent against similar attacks.

Eugene Volokh, professor of law at the University of California at Los Angeles' School of Law, said the case serves as another reminder that online anonymity does not automatically provide immunity against libel charges.

Individuals who libel or defame others online, anonymously or otherwise, are just as exposed to lawsuits as they are in the physical world and cannot expect First Amendment rights to automatically protect them.