Ontario ruling, Macron verdict show how hard it is to fight online abuse

Despite online harassment and defamation becoming more common, one lawyer says it’s rare for victims to take their cases to court. Andrew Johnson reports.

A Sudbury, Ont., woman who endured years of online harassment has secured a major legal victory, one of two recent high-profile rulings that experts say highlight how rare it is for victims of digital attacks to find justice in either civil or criminal court.

For nearly two years, Kim Bui and her small business were targeted by repeated attacks across social media platforms. The civil judgment says Bui and another victim were “humiliated” by the attacks, which took a considerable personal toll.

“I wouldn’t want anyone to have to go through what I did,” Bui said.

Bui sued for damages.

A judge has awarded $1.5 million to her and the other victim.

• Sudbury business owners awarded $1.5M for malicious social media attacks

The ruling comes as a Paris court convicted 10 people of cyberbullying France’s First Lady, Brigitte Macron, after years of posts fed by conspiracy theories about her gender and sexuality. The defendants were handed penalties ranging from cyberbullying awareness training to suspended prison sentences of up to eight months.

But experts caution those outcomes are the exception and not the norm.

“I need to emphasize the fact that it is very rare,” said Toronto-based cybersecurity strategist and lawyer Ritesh Kotak. “Unfortunately, when it comes to these types of matters, they’re extremely complex.”

Kotak says civil lawsuits involving online defamation have a very low success rate for a number of reasons.

“There could be jurisdictional issues with IP addresses that could come back to anywhere in the world,” he said. “It’s very difficult to identify individuals and attribute to a particular person.”

Obtaining records and evidence from social media companies can further slow or stop criminal cases.

“The platforms may not adhere to production orders, which is a judicial authorization to compel information to be provided,” Kotak said.

For Canadians facing online abuse, he recommends preserving evidence and filing takedown requests with platforms. If a victim knows who is behind the harassment, a cease-and-desist letter may help. In more serious situations, he suggests seeking legal advice.