SPRINGFIELD - In a decision this week concerning an anonymous commenter on an Illinois-based news site, the state's Supreme Court ordered Comcast to reveal who was lurking behind a fake name. The state Supremes want to hold that party responsible for defamatory remarks.
The case involves an unidentfied "Fuboy," who suggested on a Gatehouse News site's comment section that Stephenson County Board chairman Bill Hadley had committed criminal acts.
"Fuboy's" attorney Robert Fagan says he will decide within the next 90 days whether he will appeal the case to the U.S. Supreme Court.
"The court has to balance interests, and there are rather strong interests on both sides," the Freeport attorney said. "Anonymous (political) commentary has gone back to the time of Thomas Paine prior to the Revolutionary War. It's a very protected right, but you're also responsible for what you say. The alleged defamed person has a right that has to be balanced."
News outlets aren't subject to libel claims based on commenters who write on their websites, and an attorney for the Illinois Press Association advises newspapers that allow anonymous comments to make clear to readers that a court may decide that their identities must be disclosed.
