Ky. newspaper commenter to remain anonymous for now
By The Associated Press
04.09.10
RICHMOND, Ky. — A judge has ruled that the Richmond Register newspaper does not have to turn over the identity of an anonymous person accused of posting defamatory statements on its Web site unless the plaintiff meets some conditions first.
The March 26 ruling was part of a lawsuit brought by a woman who claims she was defamed on the site in 2008.
The Courier-Journal of Louisville reported that Madison Circuit Judge Jean Chenault Logue's ruling may be a temporary victory for the anonymous poster. Logue adopted a multipart test that allows for the person to be identified if certain criteria are met.
In order to identify the poster, according to Logue's ruling, Kymberly Clem would have to make a reasonable effort to locate and notify the anonymous commenter and give appropriate time for the poster to respond; submit sufficient and specific evidence of defamation; and prove that the information being sought is necessary for the lawsuit to proceed.
The poster commented on a Register story on the site about Clem, who says she was removed from the Richmond Mall for wearing an inappropriate dress.
Clem's attorney, Wesley Browne, says he will begin taking the steps necessary to satisfy the test and identify the anonymous poster.
Clem sued the anonymous person, who posted as "l2bme" on the Richmond Register Web site. Browne filed a subpoena against the newspaper to provide the poster's identity.
But the Register cited the First Amendment rights of the newspaper and the poster to speak freely in a public forum. The Register also claimed that l2bme was a protected source under the Kentucky Reporter's Shield Law because one of its reporters wrote a story about Clem's lawsuit and mentioned the comment.
The shield law protects journalists from having to disclose confidential sources of published information.
But Logue disagreed, saying the comment was not protected under the shield law as it was not obtained by a reporter for the newspaper.
"Mere posting on a newspaper Web site does not grant the poster immunity," the judge wrote.
AI
