OCDSB seeking court order in bid to unmask anonymous 'redditor'

The Ottawa-Carleton District School Board (OCDSB) is locked in a court battle to compel social media site Reddit to turn over identifying information of a user who it alleges has been defaming staff at a local elementary school.

The board alleges the posts about ongoing issues at Pinecrest Public School were made in an attempt to defame employees "for some unknown ulterior motive." None of the allegations have been proven in court.

The board wants Reddit to provide any email addresses, phone numbers, location data and other identifying information about the user. In a statement, it said it was compelled by its "unwavering dedication to creating a positive and supportive environment for all members of the OCDSB community."

Reddit argues handing over the information will create a chill among other users, explaining in its court filings that "anonymity is not just a user preference but a defining feature of Reddit's business model and identity."

Most of the comments in question were in response to discussions around news stories about the board and problems at specific schools. Several involved specific incidents and ongoing issues at Pinecrest Public School that have been reported in the media.

Some of the comments singled out the school's principal and a superintendent, the board said in its court filings.

Reddit's court filings mention 51 comments by the user in 17 different conversations. 

User alleged OCDSB failed to report violence, racism

According to the OCDSB, the "false and defamatory" comments began on Dec. 17, 2022. Naming individual staff members, the user accused them of failing to report incidents, stifling investigations and ignoring instances of racism.

According to the board, the comments were dishonest, disrespectful and created a toxic work environment. The anonymous user also insinuated that staff members had "acquiesced in the perpetration of racist acts at the school," the board said.

During a lengthy Reddit thread about a high school student who died after being stabbed in Nepean last May, the user accused an OCDSB superintendent of ignoring safety concerns in the district. In a response to another user, the individual being sought by the board described themselves as a teacher. 

The board said it's considering a defamation lawsuit against the person responsible for posting the comments. 

But Reddit denies OCDSB's claim that the information is "necessary for it to determine whether to pursue a potential claim for defamation."

OCDSB 'vigorously defending' employees

In response to CBC's request for comment, OCDSB communications manager Diane Pernari said the board is committed to "vigorously defending our employees against unfounded attacks and upholding our legal and ethical obligations."

She wrote the legal action underscores the board's "unwavering dedication to creating a positive and supportive environment for all members of the OCDSB community." 

Known as a Norwich Order, the board's application seeks to compel a third party to provide information about alleged wrongdoing, even if the third party isn't directly involved in the wrongdoing.

Reddit did not respond to a request for comment. Lawyers for both parties are expected to have another court date later this year. 

Court to consider free speech, defamation 

Ottawa-based lawyer Karin Page said the school board will have to demonstrate the user's comments were defamatory, rather than just critical of its policies. 

Page said the court will need to balance the public interest in protecting anonymous speech against the board's need to defend itself against alleged defamation.

"There's a difference between someone just voicing their opposition to a policy or ... to the government, or to disclosing their own personal situations," she said. "There's a distinction between that and making defamatory statements online."

She added the fact the comments named or identified specific individuals is concerning, as it makes it difficult for those people to defend themselves.