Friday, June 10, 2022

Court order to expose @PRguy17 threatens the right to be anonymous online


The problem is not anonymity.  It is defamation. A more robust and accessible system to punish misleading and derogatory tweets is what is needed

A Federal Court order forcing Twitter to hand over identifying details of a prominent anonymous account has far-reaching consequences for all internet users.

For those who engage in heated online debates under a pseudonym, the decision means they may be at risk of having their identity exposed.

But even if you’re not a chronic online poster, this court decision has important implications for our online rights. It is part of a growing debate about the merit of online anonymity, which stands to affect the way we can participate in cyberspace.

The court order is a result of defamation proceedings launched by far-right social media personality Avi Yemini against anonymous Twitter account @PRGuy17, which was set up in March 2020 and has since attracted more than 80,000 users.

The account is known for posting content in support of the Labor Party, with particular emphasis on praising Victorian Premier Daniel Andrews. PRGuy has been critical of the anti-lockdown “Freedom Movement”, of which Yemini has been a figurehead. Sky News has accused the account of pumping out “pro-Labor propaganda” and some have claimed it may be connected to the premier’s office.

However, the precedent created by this case – where a social media platform has been ordered to hand over identifying information so a party to a court case can legally pursue the person behind the account – is chilling for many who use anonymity to participate in online debate. Defamation has a notorious history in Australia, and certain plaintiffs have used it to strategically silence criticism.

Those who benefit from the use of pseudonyms online are not a small minority. People who have jobs that limit their ability to engage in public debates, such as those in the public service or in frontline client-facing roles, often rely on anonymity to call out bad behaviour (or to simply have an opinion) without fear of repercussions in the physical world.

Human rights defenders, political organisers, lawyers and whistleblowers often rely on the shield offered by anonymity to do their vital work while also engaging in regular online life. Even if you aren’t one of these people, we all benefit from their ability to hold power to account.

We cannot glorify the Arab Spring protests and the might that social media has given to other social movements since then, then seek to remove the key ingredient which made those movements possible.

All this must be balanced against the proliferation of online trolling, in which people can be subjected to hundreds, even thousands, of abusive messages, often for posting something innocuous.

Defamation policy won’t tackle online trolls, lawyers tell PM

In criticising trolls in October 2021, then prime minister Scott Morrison labelled social media a “cowards’ palace” and called for a crackdown on anonymous accounts. In March that year, a federal parliamentary committee had recommended people be required to provide 100 points of ID to create a social media account. Morrison’s government then unveiled draft legislation purported to tackle online trolls with a requirement that social media companies collect unspecified additional identifying information. This has a huge impact on those who need online anonymity for safety, such as victims of domestic violence.

Regardless of whether you personally feel you have “nothing to hide”, in an environment where it is increasingly difficult to protect our data from breaches and misuse, the proposal to hand over additional information to big tech giants – despite the privacy and security risks – is troubling.

There is little evidence that reducing anonymity online would prevent trolling. Research has found that prohibiting anonymity online does not necessarily reduce bullying or the spread of misinformation. And when it was attempted in South Korea, 35 million people had their national identification numbers stolen by hackers. We need to improve the quality of online debate, but policies should be based on evidence, not instinct.

These are not easy challenges to tackle. Anyone who has ever been attacked by an anonymous online troll would tell you the abuse has real-world consequences. But if we give up the ability to be anonymous we pave the way for the complete erosion of privacy online, to the detriment of public debate, safety, expression and democratic participation.

Regardless of your opinion on Yemini or PRGuy, we shouldn’t let a public beef between two of Australia’s most divisive people on the internet obscure why online anonymity is vital for our democracy. The consequences of this court decision may very well impact all internet users, not just the people who say things we don’t like.

https://www.smh.com.au/national/court-order-to-expose-anonymous-tweeter-threatens-all-our-democratic-freedoms-and-safety-20220608-p5as3g.html


2 comments:

Stan B said...

In America, which has some of the broadest protections of Free Speech, this guy would still be facing this sort of unmasking if the court ruled that - on the evidence presented - he would most likely lose a court claim against him. Defamation in America is not "free speech," and anonymous postings online are not a shield behind which a person can post false, malicious content that hurts the reputation of others.

Australian law may be completely different, but we've lived under this "no anonymous speech" threat for centuries.

Anonymous said...


Defamation against politicians in the U.S. has a far higher bar that must be crossed than defamation of average citizens. It is for that reason so few politicians file defamation cases and why so few of those cases ever result in a guilty verdict.

It's a good system but in order for someone to be unmasked for a political position I would think that they would have to present very compelling evidence in the first place.