By: Lauren Whyte, Articled Student
Last week, the Supreme Court released a decision that is important for youth across Canada. In a case called “A.B. v. Bragg Communications Inc., 2012 SCC 46“, the Court ruled that youth and children who are the victims of cyber-bullying can sue their bullies without having to reveal their identity to the public. The decision represents a big step forward for youth and children who are tormented by anonymous online bullies but fear retaliation if they take action to protect themselves.
The case centred on A.B., fifteen-year old girl who in 2010 discovered a Facebook profile that someone had created using a slightly modified version of her name, her picture and other identifying characteristics. The profile included sexually explicit and unflattering commentary about her. After the fake Facebook profile was removed from the Internet, A.B. attempted to identify the creator(s) of the profile in order to sue them for defamation. She asked the court to order an Internet provider to disclose the identity of the person(s) who had published the profile. She also asked that she be allowed to proceed with the litigation anonymously.
A.B.’s request was significant because of the open court principle: the requirement that court proceedings be open and accessible to the public and to the media. The open court principle, along with the freedom of the press, is a key characteristic of democratic societies. However, the Supreme Court decided that the protection of children and youth from cyberbullying is an important enough concern to justify limiting this principle in certain circumstances. The Court recognized that because of their age, youth and children are particularly susceptible to the harmful effects of bullying. The Court was also convinced by evidence that showed that young victims of sexualized bullying are especially vulnerable to the harms of revictimization if their identity becomes public knowledge. They agreed with A.B. that unless their privacy is protected, young victims of sexualized cyberbullying will refuse to proceed with their protective claims and will, as a result, be denied access to justice. In the end, the Court ruled that A.B. should be allowed to proceed anonymously with her claim against the creators of the fake Facebook profile.
The decision represents a victory for bullied youth and children across Canada. However, it is important to note that only those youth whose parents have the resources to launch defamation lawsuits can access the benefits unlocked by the Court’s decision. We all need to continue to work together to ensure that children and youth are protected from bullying not just after it has occurred, but before it has even begun.