Facebook ordered to release identities of 2 Richmond County council critics

A Supreme Court of Nova Scotia judge has ordered Facebook to release the identities of two account holders to Richmond County CAO Warren Olsen and Coun. Steve Sampson.

The men allege they were defamed by comments posted on the Facebook page Taxpayers of Richmond County, NS, administered by someone using the profile name Jake Sampson, and on a page using the profile name Jim Davis.

Olsen and Sampson allege those names are fake.

"I am satisfied that the nature and number of postings by the Sampson and Davis Facebook accounts override any reasonable expectation that those persons should be entitled to remain anonymous," Justice Michael Wood said in a ruling released Monday.

Wood did dismiss a request to have Facebook release the identify of the creator of a third account that used the profile name Paul Burke.

Facebook ordered to preserve accounts

Earlier this year, Wood ordered Facebook to preserve the accounts while their creators/users were notified, through Facebook, that Olsen and Sampson were seeking to learn their identities.

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Sampson and Olsen were regular social media targets of Richmond County citizens unhappy with a decision to downsize county council, and Sampson's initial refusal to agree to a forensic audit of council and staff expenses.

Sampson also alleged in April that he was the target of a blackmail attempt over a phone call he made to a male escort agency that appeared on his hotel bill while he travelled on municipal business in 2014.

The Nova Scotia Office of the Ombudsman said in March it was investigating complaints about council and staff expenses. An independent forensic audit was also launched and a committee was formed to revise the municipality's travel expense practices.

Acting warden Malcolm Beaton said the first recommendation is that all travel expense claims of councillors, the warden and senior staff be posted online.

"Anything in the fiscal year will be included with it," he said. "We promised transparency and we certainly will make sure that's going to be it."

That change is expected to be approved in September.  

No licence to defame

Neither Facebook nor the two account holders responded to the Supreme Court of Nova Scotia action requesting their identities.

Wood said he weighed the account owners' charter rights of free expression and privacy against Olsen and Sampson's potential defamation claim.

"Internet anonymity cannot be used to shield people who unfairly damage another's reputation from being held accountable," he said in his decision.

"Anonymous posters should not have a licence to defame without consequences."

Neither Olsen nor Sampson have responded to a request for comment.