G20’s ‘Officer Bubbles’ files $1.2M suit

Do not call him "Officer Bubbles." It is Toronto Police Constable Adam Josephs, to you. And getting his name right is one element of a $1.2-million lawsuit Const. Josephs recently filed against YouTube seeking the identity of YouTube user ThePMOCanada – as well as those of 24 other commenters – over an animated cartoon uploaded after a video earned him instant notoriety during the G20 Summit this summer.

The Toronto officer earned the moniker when a video showing his reaction to a protester blowing bubbles his way went viral. In the video, a young female protester approaches Const. Josephs and another officer and proceeds to blow bubbles toward them both. Not amused, Const. Josephs takes a firm tone in explaining to the protester, 20-year-old Courtney Winkels, that she will be arrested and charged with assault the moment one of her bubbles comes into contact with either of the officers. The video became symbolic of what many saw as overzealous force used by police during the G20 summit.

But the lawsuit was not filed in response to the original video, but rather to a cartoon that was later uploaded in which a policeman wearing a name badge "A. Josephs" is shown arresting Santa Claus and U.S. President Barack Obama among others, and punching a photographer in the face.

If the cartoon may have been intended to emphasize abuse of police power during the summer protests, the lawsuit over it and pursuant comments may illuminate what some see as abuse of anonymity granted to online commentators.

Richard Dearden, a partner at Ottawa-based Gowlings law firm, specializes in media and defamation law.

He says the number of defamation suits arising from comments made using social media is rising rapidly, a fact he attributes, at least in part, to ignorance that defamation laws apply to online material.

That comments can be made anonymously only compounds the problem, he said. "When people can hide behind anonymity, that allows them to write something or post a comment they know is defamatory," he said.

"Lots of people don’t seem to understand that the laws of defamation apply to online comments."

The suit seeks the identity of YouTube user ThePMOCanada – as well as those of 24 other commentators who Mr. Josephs contends defamed him -and $1.2 million in damages.

"From our client’s perspective, he was performing his duty as a police officer in what was an extremely volatile time at the summit," said Const. Josephs’ lawyer, James Zibarras.

While he said Const. Josephs’ actions at the summit can be subject to criticism, "that reaction had this massive backlash that we say is disproportionate and incommensurate to what happened, and started getting to the point where it included threats."

Mr. Dearden says defamation cases are rarely easy to win. Constable Josephs’, he says, may be no exception.

"He’s got a tough road ahead of him because the lawsuit is over the cartoon. Cartoons are opinion, and you’re allowed to be extremely critical of somebody," Mr. Dearden said. "Especially if those criticisms are based on truth."

Further complicating the issue is the fact that laws and regulations in this area are relatively new. "Courts are making it up as they go along."

Earlier this month, media outfit Thomson Reuters announced it will no longer allow anonymous comments on its website.

"Personally, I don’t think people should be allowed to post anonymously," Mr. Dearden said. "People should be accountable."

But Dominic Jaar, CEO of the Canadian Centre for Court Technology and founder of LegalIT, says one idea to combat online defamation is that websites require potential commentators to register before they can participate.

Another proposal has been the creation of a web passport, an identity that would track an individual’s online activity.

"I’d say that’s overkill, though," he admits. "Defamatory comments are the exception rather than the rule.

"There is lots of overreaction to these things. People have to realize that just because something is on the web, doesn’t mean people read it.

"Once you sue, then you get people interested. And that’s what’s happening in this case."

National Post