Anonymous online speech: Striking a balance between accountability and the right to freedom of expression

Abstract

The Internet enables individuals to speak anonymously with unprecedented ease. As a result there has been a global increase of anonymous online speakers which raises unique legal regulatory challenges. For the purpose of ensuring anonymous online speakers are held accountable for harmful speech, the Harmful Digital Communications Act 2015 in New Zealand introduces a remedial measure which empowers the District Court to order the disclosure of an anonymous online user’s identity. This paper seeks to draw attention to issues concerning an individual’s use of anonymity online to exercise their right to freedom of expression. The paper concludes by providing recommendations on how the courts can effectively balance this right against the principle of accountability which guides the disclosure orders in a manner which is compliant with the Bill of Rights.