Landmark ruling
The UK has decided that
people will not be allowed to remain anonymous online.
The case, brought
to the court by The Times, sets a precedent in the wake of an attempt by a
British police officer who wrote a highly successful insiders' blog called
Night Jack. A hack guessed that Night Jack was detective constable, Richard
Horton, who works with the Lancashire force. Horton had used inside
information on controversial cases, including genuine prosecutions, to
comment on policing tactics and the application of the law. He called on
readers to mistrust politicians, the legal system and his fellow
coppers.
While he won awards for his writing he tried to remain
anonymous. However the High Court ruled that since blogging is "a public
activity" and the police officer could not have a "reasonable expectation"
of anonymity because it is not a private activity. Mr Justice Eady
said even if the officer could have claimed he had a right to anonymity, it
was still in the grounds of public interest to name him.
Horton had
fought the unveiling of his identity. His QC argued that thousands of
everyday bloggers would be horrified to realise that the law would not
protect their anonymity if someone managed to unmask them. He said that if it
became public that he had written his blog, he would be disciplined as he
had breached police regulations.
However the wigged one concluded that it was
not part of the court's function to protect police officers who are, or
think they may be, acting in breach of police discipline regulations from coming to the attention of their superiors.