Judge: anonymous Web comments protected

RICHMOND, Ky., April 8 (UPI) -- A Kentucky judge ruled a newspaper doesn't have to turn over identifying information of a commenter accused of posting a defamatory statement on its Web site.

In her March 26 ruling, Circuit Court Judge Jean Chenault Logue adopted a multi-part test that, if certain requirements are met, would allow the poster to be identified, the Louisville Courier-Journal reported Wednesday.

The case began in 2009 when the Richmond Register wrote a story about Kymberly Clem being asked to leave a shopping mall because the dress she wore -- which she bought at the mall -- was too short. A poster identified as "l2bme" said in a comment that the real reason Clem was asked to leave was because she was exposing herself to three people who commented on the dress. Clem sued "l2bme" for defamation and subpoenaed the newspaper, the Richmond Register, to reveal the poster's identity. The Register said the poster was a confidential source because the comments were used in follow-up story.

Logue ruled the comment was not protected by shield laws because it wasn't obtained by a reporter for the newspaper. "Mere posting on a newspaper Web site does not grant the poster ... immunity," she said, while noting, "It is well settled that the First Amendment shelters the right to speak anonymously."

Under Logue's ruling, people filing suits such as Clem's, must make a reasonable effort to locate and notify the anonymous commenter, give an appropriate amount of time for the poster to respond, submit sufficient and specific evidence that they were defamed, and prove the information sought is necessary for the lawsuit to proceed.