The administrators of the Facebook page “Dis son nom”, which had published a series of names of alleged sexual assailants, will have to reveal their identity, ruled the Superior Court of Quebec.
Born last summer in the wake of the #Moiaussi movement, the Facebook page was the subject of a lawsuit by Jean-François Marquis, whose name appeared on the list in August 2020. The latter, who claims to have nothing to be ashamed of, pursues the two administrators of the page for $ 50,000 in moral damages and demands access to information that explains his presence on the list, including the name and motives of the person who reportedly denounced him.
In a judgment rendered last week, the Superior Court of Quebec first accepted that the identities of the administrators of “Dis son nom” be revealed. One of them, Delphine Bergeron, had already spoken publicly during an interview with the newspaper “Le Devoir”.
However, the founder of the page, AA, wished to remain anonymous. She had justified her request by explaining that she has already suffered two sexual assaults, “that she is beginning her healing process and that she does not feel strong enough at the moment to act in a public way,” said the judge. Katheryne A. Desfossés.
This argument did not convince the court, especially since the founder of the page admitted that Jean-François Marquis is not among her attackers. The case is more akin to a lawsuit for defamation, without direct link with the experience of AA whose “account is not necessary for its defense”, summarized the judge who therefore refused to grant him anonymity.
“Considering that the defendants specifically intend to demonstrate the veracity of the reproaches formulated by the alleged victim (s) of Mr. Marquis, it is obvious that the latter must know who is accusing him of which gesture. To deny him this information would be tantamount to depriving him of his right to respond to the Defense, ”Judge Desfossés also said.
However, it put downsides to the request of Mr. Marquis, who will be able to consult only the documents collected by “Say his name” concerning him, and not all the denunciations as he claimed. He will also have access to communications between the administrators concerning him.
The latter have 30 days to appeal the judgment.