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Malicious Cranks and Hoaxers
John Doe injuction offers hope to distraught victims of malicious cranks and hoaxers
Elsie Owusu was the victim of a malicious crank who wrote forged letters in her name of an extreme anti-British nature, falsely suggesting that she intended to return the OBE that, in truth, she had been deeply honoured to receive from the Queen this year.
The Guardian published an edited form of one of the forged letters in the false belief that it was from Ms Owusu, an architect. The hoaxer sent a similar letter to the chairman of the National Trust, on whose board she sits. Ms Owusu has been subjected to vicious, racist hate mail and internet postings that have greatly distressed her. As she could not identify her tormentor, she felt that she had no way of halting the forged letters. Nor did she know how many others had been sent.
Mr Justice Evans, a High Court judge, saw at once the danger and granted an injunction restraining “John Doe” from continuing to send such letters — and in doing so extended the concept of a John Doe order — that is, one against an anonymous defendant — to many new areas of law, namely libel, malicious falsehood, harassment, copyright and forgery.
One might ask why anyone should bother obtaining such an injunction, as the crank might well ignore it, assuming (as would not be certain) that he ever learnt of its existence and terms. The answer is simple: serving it on the media alerts them to the need to prevent themselves from falling for such a hoax, and sends out a clear and immediate judicial signal emphasising the falsity and baselessness of the views being attributed to Ms Owusu.
The first John Doe injunction was obtained in May in the law of confidence, on behalf of J.K. Rowling and her publishers against a person who was trying to sell newspapers the unpublished fifth Harry Potter novel.
The extension of this order to so many other areas of law is a serious weapon against anonymous and malicious cranks, against whom no legal remedy previously existed. Now victims such as Ms Owusu will be able to injunct the unknown person and prevent further dissemination of such false material.
The order also has consequences for the media. Newspapers will have to exercise greater care in establishing the authenticity of letters for publication. This means checking with the sender.
In an era where the internet is the source of so much unregulated dissemination, the order could be employed in redressing the balance.
The authors acted for Ms Owusu.
Simon Smith and Ambi Sithamparanathan — THE TIMES, December 23 2003
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