Question
Rita lives in Toronto, Ontario. She recently discovered that someone using the initials AB posted comments that are defamatory of her on a website called
Rita lives in Toronto, Ontario. She recently discovered that someone using the initials "AB" posted comments that are defamatory of her on a website called "CheatersandLiers.com".
CheatersandLiers.com is owned and operated by a company located in the United States. The posting states as follows:
"Rita is a horrible person. She lies constantly. Rita is a manager at a clothing store where she treats all the employees like they are her personal slaves. She yells and screams at them for no reason. Rita steals from the store by taking home items that she claims she is borrowing but she never brings them back and never pays for them."
Other than the "AB" initials, there is no information on the website that identifies the person who wrote the posting. Rita believes the posting is false. Rita does not "lie constantly".
While she works as a manager at a clothing store, she treats all the employees with respect and never raises her voice at them. She does not treat them as her "personal slaves". She never takes any items from the store without paying for them first.
Rita has written to ChearsandLiers.com notifying it that the posting is false and defamatory and asking that the posting be taken-down, but the website has refused to remove the posting.
a) In addition to the legal process, what practical steps does Rita have to take to identify the poster?
Assume that Rita is successful in her lawsuit in Ontario against against Chad and CheatersandLiers.com. The Court orders them to pay Rita $50,000 in damages. It also orders them to remove the posting from the Internet. Chad and CheatersandLiers.com refuse to comply with the Ontario Court's orders. They do not pay the damages and do not remove the posting.
b) Why do you think Chad and CheatersandLiers.com have not complied with the court's orders against them?
c) Since Rita is unable to get Chad and CheatersandLiers.com to comply with the Court orders, she has asked Google to remove the postings from search results about her. Is Google legally obligated to comply with Rita's request?
d) Would your answer to (c) change if Rita was a citizen of the European Union?
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