Critics Face Legal Woes

Many companies who find themselves being publicly criticized by “anonymous” sources are no longer taking a passive stance to these often-unsubstantiated assaults. For example, H&R Block recently filed a defamation suit against an unknown entity that the financial services company suspects is actually an employee of the firm.

While the defendant is currently anonymous, the suit was filed in the Kansas City federal court against the defendant’s ‘screen name,’ “John Doe, a/k/a ‘Enron junior’,” over alleged disclosures on Yahoo’s message board of confidential and misleading information. The lawsuit which seeks unspecified damages alleges that the defendant posted messages about a pending lawsuit.

Characterizing the poster’s comments as “false and inaccurate,” the suit alleges that the messages violated company policies, federal securities laws, and that they were defamatory.

Despite “diligent investigation,” H&R Block has not discovered the defendant’s identity, and as a result has subpoenaed Yahoo! to reveal the poster’s name – something that Yahoo! has done for Block in the past – after being subpoenaed in 2000 over nine individuals who allegedly posted confidential information.

While suits designed to compel ISPs to provide user information have increased, courts have typically sided with users, upholding their free speech rights, a California federal court case resolved in February, however, that a message board poster who was the plaintiff’s business competitor could face a defamation and unfair competition suit. Recognizing that message boards are a “public forum,” the court nonetheless held that the negative posts were actually “commercial” speech – and therefore not entitled to the same First Amendment protections as “political” speech.

According to H&R Block spokeswoman Linda McDougall, “Certainly anyone has the right to voice their opinions in a variety of forums, but when you cross the line from opinion and you’re stating something as fact that is not fact, you need to be held responsible for what you say.” While McDougall claimed that H&R Block respected an Internet poster’s privacy and anonymity, she stated that “…they have to take responsibility for what is posted.”

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pearl Industry Network Launches 'TrustLink' Verification Platform for Creators

Trade group Pearl Industry Network (PiN) has launched TrustLink, its free verification platform for creators.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Cherie DeVille Joins Woodhull Freedom Foundation 'Free Speech' Panel

Multi-XMAs winner Cherie DeVille will join the upcoming Woodhull Freedom Foundation panel series "Fact Checked by Woodhull," addressing free speech on Feb. 26.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Pineapple Support Introduces 'Wellbeing by PS' Service

Pineapple Support has debuted its new Wellbeing by PS service, providing mental health support packages for companies and agencies.

MyMember.site Integrates Bluesky Functionality

MyMember.site has added Bluesky features to its website management platform.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

SWR Data Publishes 'Clip Trend' Report

Adult industry market research firm SWR Data has published a report on clip platform performance and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

Show More