Anonymous Online Speech: Considerations For Victims And Speakers

In today's world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims — defamation, copyright and trademark infringement, unfair competition, and more — but unmasking an anonymous critic and holding them responsible is no small challenge.

Conversely, companies and individuals may choose to speak anonymously to protect themselves from retaliation, to safeguard their reputations when discussing sensitive issues or, in the case of companies, to prevent harming their relationships with other businesses when blowing the whistle on bad practices. Anonymous speech is protected by the First Amendment, but these protections are not boundless.