Media companies frequently receive demands to remove inappropriate content, posted by users, from their websites. It may be the case, for example, that it has been alleged that a defamatory statement has been posted and the affected person requests that the post is taken off the site.

Whilst removing content is unlikely to pose an issue, what do you do if you face a demand to release the identity of persons who anonymously post information on your site. What are the rules regarding disclosure? Is it possible for companies to be forced to disclose the details of an anonymous poster?    

When an initial request is received, you should bear in mind your that, if there is not an exception under the Data Protection Act 1998 allowing disclosure of a user’s personal information (one such exception is where the information is required by the police in connection with a crime) you may be in breach of that Act by disclosing the personal data of a user. In addition, if you disclose personal information in breach of your terms and conditions, you could be sued for breach of contract.

Although the reasoning is different, in both the UK and the US, the current position is that disclosure of an individual’s identity can be ordered by a court where a potential claim has factual and legal merit. Individuals should therefore remember that being anonymous on the internet does not mean that you will avoid disclosure and liability for your comments, and  companies must be aware that despite policies on keeping your customer’s data private, you may in certain circumstances, be forced to disclose it.