The Radio X station and its owner RNC Media are continuing their proceedings before the courts to identify the anonymous perpetrators behind the group “Sortons les radios-poubelles”.
Last week, RNC Media filed a motion to institute proceedings in the Superior Court for a “Norwich” type injunction once morest Videotron, Rogers and Telus.
This is a second action in this direction. On October 22, 2022, Judge Alain Michaud had indeed issued a first Norwich-type order once morest Meta in order to find out the identity of the operators of the Facebook page ” let’s go out THE trash can radios, including their IP addresses.
Shortly following, Radio X thus obtained the IP addresses as well as the telephone numbers “of the User(s) of the Facebook page. The next step would be to get their names.
The Norwich order is an injunction by which a court can require a third party to communicate certain information to the plaintiff, information necessary so that the latter can identify a potential defendant, who is hitherto unknown.
In this way, the radio station continues to put pressure and progress in its efforts to know “John Doe”, who may become a possible adversary in a future appeal.
Willingness to harm
According to this new request, Radio X affirms that it is not complaining regarding the exercise of freedom of expression, but is challenged by the desire to harm its commercial interests, as well as by the harassment of its business partners.
“The behavior of anonymous Users has lasted for almost 10 years”, we can read.
According to RNC Media, the persons targeted have allegedly committed several reprehensible acts in recent years by broadcasting malicious and unfounded comments regarding Radio-X and their comments exceed what is tolerable.
The evidence presented to the Court is, according to the station, sufficient to obtain a “Norwich” order.
Identification impossible
Radio X believes that Videotron, Rogers and Telus are the only possible sources to hold the information sought.
To date, it would be impossible for the station to more precisely identify the Anonymous users.
This request aims in particular to know the identity and civic address of the User(s) linked to the IP Address obtained a few months ago.
RNC Media also maintains that the unlawful infringement of its rights exceeds the legitimate expectation of respect for privacy.
long battle
For its part, the coalition “Sortons les radios-poubelles”, created in 2012, wishes to denounce the intimidation and the false remarks broadcast on the airwaves of Radio X.
The coalition had to close its Facebook page because RNC Media threatened to start proceedings to force them to reveal the names of its administrators. The band is still active elsewhere on social media.
“We oppose this attempt to gag and refuse any kind of criticism, which directly undermines freedom of expression”, wrote, in an open letter published in January 2022, Alain Saulnier, former director general. de l’information de Radio-Canada, on behalf of several signatories, including Dominique Payette, Catherine Dorion, Alexandre Boulerice, Safia Nolin, Léa Clermont Dion and Boufeldja Benabdallah.
The current request will be presented in court next March.
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