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February 2, 2010

John Gregory

Should People Commenting on an Election Have to Use Their Real Names?

The government of South Australia has recently adopted a law that requires people commenting on the forthcoming state election to use their real names, and media will have to retain the names and addresses for six months. The requirement appears to apply to bloggers and comments on blogs etc.

Unsurprisingly, not everyone likes this.

Is it fair to say that requiring people to give their real names is a “gag” on debate?

Would the Canadian Charter of Rights and Freedoms prevent such a law in this country? In other words, does the freedom of expression protect anonymous speech?

John D. Gregory is an Ontario lawyer called in 1977, with a special interest in what happens to the law when you take the paper away. He works in civil justice law reform at the Ministry of the Attorney General, but his Slawian opinions are not necessarily those of the Ministry.
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2 Comments on “Should People Commenting on an Election Have to Use Their Real Names?”

  1. Simon Fodden says:
    February 2, 2010 at 2:10 pm

    Well that was a fast ride in a bad car: South Australia's AG backed down today:

    From the feedback we've received through AdelaideNow, the blogging generation believes that the law supported by all MPs and all political parties is unduly restrictive. I have listened. I will immediately after the election move to repeal the law retrospectively… It may be humiliating for me, but that's politics in a democracy and I'll take my lumps.

  2. John G says:
    February 2, 2010 at 8:44 pm

    I suppose if the legislature has been dissolved for the election (in late March, I believe) then the law could not be repealed before then. After the election, of course, there might be a different Attorney General, or government.

    But: is this a good idea anyway? Would the Charter prevent it here, even if it were thought to be a good idea?

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