Twitter Must Identify Anonymous Woman Who Accused All Time Low Of Sexual Abuse, Judge Rules
A Los Angeles judge has sided with All Time Low in a libel case filed last February where the band asked the court to reveal an anonymous person accusing lead guitarist Jack Barakat of sexual abuse. The original statement, anonymously posted to Twitter in October 2021, accused Barakat of sexual abuse in 2011, when “Jane Doe 2” was 15 and he was 22. In February, All Time Low filed a lawsuit denying the claims and demanding that the anonymous poster reveal themselves. Now, Twitter has 10 days to hand over “identifying information” for “Jane Doe 2.” Initially, Twitter fought the subpoena, saying it would only hand over Doe’s identity if served with a court order.
“Plaintiffs cannot proceed with litigation without identifying Doe 2,” Los Angeles County Superior Court Judge Daniel S. Murphy wrote in the ruling, as Rolling Stone reports.
Judge Murphy also acknowledged that the right to publish anonymously is protected by the First Amendment, but said freedom of speech does not extend to defamation. Therefore, plaintiffs who file “legally sufficient” lawsuits do have a right to “discover” the identities of their alleged defamers.
“Here, the complaint states a valid claim because it sets forth the exact statements alleged to be defamatory, alleges that they are false, and alleges that defendants made the statements with actual malice,” Judge Murphy wrote.
“Plaintiffs deny under oath the accusations made in Doe 2’s Twitter post,” he continued. “Damage is presumed without the need for proof in libel per se cases where a statement is defamatory on its face, such as accusations of sexual assault. Nonetheless, plaintiffs allege that they have lost reputation, goodwill, and lost revenue. Therefore, the complaint states a valid claim for libel per se.”