How do I take legal action against a communicator?
Information on taking legal action against a communicator.
Taking legal action requires careful consideration. If you are considering legal action, we strongly recommend that you first seek legal advice, or reach out to our community partners who can help you understand the legal process, costs and time involved before deciding on your next steps. More information on finding support can be found here.
How do I take legal action against a communicator for the statutory torts under OSRAA?
A communicator has a duty not to do any act online that constitutes an online harm.
At present, the statutory torts under Part 10 of OSRAA apply to the following online harms:
More online harms will be added progressively, so that victims of a wider range of harms can rely on statutory torts under OSRAA in time to come.
You can refer to the Judiciary's website here for more information on the process of commencing legal proceedings against a communicator for the online harms specified above.
How do I take legal action against a communicator for the statutory torts under POHA?
For online harms relating to harassment, the statutory torts under the Prevention of Harassment Act (POHA) would apply. These online harms are:
You can refer to the Judiciary's website here for more information on the process of commencing legal proceedings against a communicator under POHA.
To clarify, you may still commence action against administrators and online platforms for a breach of their duties under OSRAA in relation to these harms.
What do I do if the communicator is anonymous?
Suing an anonymous communicator
Even if you do not know the identity of an anonymous communicator, you can commence legal proceedings under POHA or OSRAA as long as you have:
an Internet location address or a website associated with that person; or
a username or an account, an electronic mail address or any other unique identifier used by or associated with that person.
However, practically speaking, if you succeed in the suit and you need to enforce the Court order, you will only be able to do so if you know the identity of the communicator.
You should therefore seek legal advice and consider your options carefully before committing to legal action. Click here for more information on getting legal advice.
Applying for disclosure of an anonymous communicator's identity information
The OSC can require online platforms to provide certain identity information of communicators suspected of committing online harms, if the information is in the online platforms' possession. In certain instances, the OSC can disclose the identity information to a victim.
You can consider submitting an application to the OSC for the disclosure of a communicator's identity information here.
