A judge in Indiana has ruled that two newspapers must turn over IP addresses and other information that could identify an online commenter who allegedly criticized a local businessman.
The ruling was issued in a libel lawsuit filed by Jeffrey Miller, former president of the Junior Achievement of Central Indiana.
Among other allegations, he said that he was defamed in comments on sites run by the Indianapolis Star and Indianapolis Business Journal, and sought to learn the identity of the
commenter.
The posts themselves relate to articles about Junior Achievement's financial affairs, including alleged missed payments to contractors and grant money that was unaccounted
for. An Indianapolis Star piece that ran last year about the matter drew several pseudonymous posts, including one by "DownWithTheColts" that allegedly said: "This is not
JA's [Junior Achievement's] responsibility. They need to look at the former president of JA and others on the ... board. The 'missing money' can be found in their bank accounts."
Marion Superior Court Judge S.K. Reid ruled last week that the
newspaper must turn over any information that would disclose the identity of DownWithTheColts. Reid didn't issue a written opinion, so the reasons for the decision aren't entirely clear.
The Indianapolis Star unsuccessfully argued that an order requiring it to unmask a commenter would violate the paper's rights under the state shield law. With no written opinion,
it's impossible to know why Reid rejected that argument.
Questions about whether shield laws protect commenters, however, have divided other courts. Consider, a judge in Montana ruled that a newspaper could invoke the shield law to protect the identity of commenters. But a judge in Illinois ruled the opposite way and
said that the shield law didn't apply to anonymous posters.
The issue itself is hardly clear-cut. Shield laws allow journalists to honor promises to keep sources' identities
private; without such promises, many people wouldn't agree to talk to the press. But journalists typically don't promise commenters that they will keep their identities secret. At the same
time, shield laws also protect the process of newsgathering -- and commenters can contribute to that
process.
Aside from the state's shield law, DownWithTheColts also has a First Amendment right to post anonymously. For that reason, many other judges faced with unmasking requests have
ordered that anonymous commenters be notified about subpoenas and given the opportunity to object through counsel. Indianapolis Star editor and vice-president Dennis Ryerson tells MediaPost that to
his knowledge, the judge didn't make such an order in this case.