Last week, the Ohio Supreme Court ruled that victims of anonymous online attacks have an extension of time to file a lawsuit, holding that they can file a suit one year from date the targeted publication is discovered. This decision marks a significant shift from the previous law, which started the timeline to file suit (also known as the statute of limitations) begins to run on the date the defamatory statement was published, regardless of whether the harmed party was aware of the existence of the statement on that date. This ruling is a major step forward for the victims of anonymous online attacks, who historically have lost their right to sue online attackers when the attacker concealed their statements, and the victim discovered the statements only after the statute of limitations period had run.

The Litigation

The decision comes from a case involving a fake email address created in 2011, impersonating Sycamore Township Trustee Thomas Weidman to create the impression that he was demanding bribes. The email was sent to others but was not brought to the attention of the impersonated party Weidman until 2019, after an investigation was initiated into his alleged illegal conduct. The issue was, while Weidman was impersonated and wrongfully accused, he did not become aware of the fraudulent email until years after it was sent and the statute of limitations for bringing legal claims had run, meaning that he had no option to seek legal recourse for the damage done.

Nevertheless, Weidman filed suit against the person who created the email address in 2021 for various claims including defamation, intentional infliction of emotional distress, and false light invasion of privacy. The Court analyzed the existing law and held that the one-year statute of limitations for defamation should begin when the injured party reasonably discovered a concealed defamatory statement, not when it was first published.

Justice Michael P. Donnelly, writing for the majority, stated that this interpretation prevents wrongdoers from exploiting the statute of limitations by keeping defamatory statements hidden for more than a year. The decision extends the “discovery rule,” previously applied in cases like asbestos exposure and medical malpractice, to cases involving defamation and other internet related claims.

The ruling means that Ohio courts now apply the discovery rule to defamation cases involving concealed statements, allowing victims to file lawsuits within one year of discovering the defamatory statement, rather than from the date it was first published.

What the Discovery Rule Means for The Victims of Concealed Online Attacks

This decision to shift the start of the statute of limitations from the publication rule to the discovery rule comes in the aftermath of a changed reputational landscape, where anonymous online attacks are on the rise. These attacks include the publication of fake reviews, impersonation accounts, the purchase of strategic domain names to spread misinformation, sending harassing emails, and more. Unfortunately, these nefarious schemes are not always immediately evident. Thankfully, victims of these types of reputational attacks will now have one year from date they discover such conduct to file a lawsuit.

The Discovery Rule and John Doe Lawsuits

A John Doe Lawsuit is a specific type of lawsuit that allows a person and/ or company targeted by an anonymous online attack to file suit against an anonymous person to preserve their legal claims while working to unmask their identity. The unmasking process involves issuing subpoenas for data linked to the anonymous profile and conducting cyber investigations to trace the source of the attack. Once the anonymous actor is identified, they can be formally named in the lawsuit and held accountable through traditional litigation.

While Ohio allows plaintiffs to file these John Doe “placeholder” lawsuits, the identities of those anonymous people must still be discovered before the statute of limitation expires. So, while the changing of start of the statute of limitations is a huge win for victims seeking to unmask their attackers, expediency in filing is still necessary to ensure discovery can be discovered before the statute of limitations runs.

Contact an Internet Defamation and Content Removal Attorney

Online perpetrators frequently use the anonymity of the internet to harm the reputations of others. But the identities of anonymous online attackers can be unmasked through litigation in a John Doe lawsuit.