2012 September 27

A.B. v. Bragg Communications Inc., 2012 SCC 46, reversing 2011 NSCA 26

The Supreme Court of Canada unanimously held that a 15-year-old girl was entitled to proceed anonymously with her Court application for an order requiring an Internet service provider to disclose the identity of the person who had published a fake and allegedly defamatory Facebook profile using her photograph, a slightly modified version of her name, and other particulars identifying her. The Court noted that “[a]ccompanying the picture was some unflattering commentary about the girl’s appearance along with sexually explicit references.” The Supreme Court of Canada also banned publication of the contents of the fake Facebook posting to the extent that it contained identifying information.

The Court accepted that the “open court principle” was trumped by the need to protect the young girl’s privacy “from the relentless intrusive humiliation of sexualized online bullying,” noting that “[r]ecognition of the inherent vulnerability of children has consistent and deep roots in Canadian law.”