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How Victims Are Suing Anonymous Cyberbullies and Winning

By James Seidel | CC News Network

Charleston, S.C. — In the digital age, false accusations, harassment, and cyberbullying often come cloaked behind fake screen names and anonymous accounts. But despite what many believe, anonymity is not a guarantee of protection from legal consequences.

Victims of online defamation and harassment are increasingly fighting back in court — and winning. South Carolina law, like many states, provides powerful tools for individuals to pursue both criminal charges and civil lawsuits against those who spread lies and cause harm online.

Even if the perpetrator’s real identity is unknown at first, victims have a clear legal pathway to seek justice.

Filing a Lawsuit Against “John Doe”

Victims can begin by filing a civil lawsuit against an unknown defendant, commonly referred to as “John Doe.” In the complaint, the plaintiff outlines the defamatory or harassing conduct committed under fake profiles or screen names.

Once the lawsuit is filed, plaintiffs can seek early discovery — a court-approved process that allows subpoenas to be issued to social media companies, email providers, and internet service providers. Through this process, attorneys can obtain critical information, such as IP addresses, account registration data, and login locations, to identify the real individual behind the screen name.

After discovering the true identity, the lawsuit can be amended to name the defendant directly, and the case proceeds through the courts like any other civil matter.

Suing Anonymous Cyberbullies and Winning

Step 1: File a Lawsuit Against a “John Doe” Defendant

✅ You can sue an unknown person by filing a lawsuit naming them as “John Doe”.
✅ Your complaint would list something like:

Plaintiff v. John Doe 1 (unknown individual using Facebook profile)

✅ Your initial lawsuit alleges:

Defamation,
Cyberstalking,
Harassment,
Intentional infliction of emotional distress,
even though you don’t know their real name yet.

✅ The court allows you to start the case anyway to preserve your rights and start discovery.

Step 2: Serve Subpoenas to Identify the Real Person

✅ After filing the lawsuit, your attorney would immediately file a motion for early discovery (sometimes called a “Motion to Conduct Expedited Discovery”).

✅ Then, you can issue subpoenas to:

Facebook/Meta,
Google (if Gmail is involved),
Internet providers (IP addresses), to force them to disclose identifying information about the account holder.

✅ These subpoenas can reveal:

The real name,
IP address,
Email addresses,
Sign-in locations.

✅ Once the identity is discovered, you can amend your lawsuit and replace “John Doe” with their real name.

Step 3: Proceed Against the Real Defendant

✅ After you learn who they are, you can formally serve them with the lawsuit, and proceed with:

Depositions,
Demands for damages (actual and punitive),
Seeking restraining orders if needed.

✅ Florida courts are very familiar with “John Doe” lawsuits for online harassment and cyber defamation — it’s very standard in these cases.

Quick Example Timeline:

Step	Action
1	File lawsuit against “John Doe” alleging defamation, cyberstalking
2	Motion for early discovery
3	Subpoena Meta/Facebook, ISPs
4	Identify real person
5	Amend lawsuit to name them
6	Proceed with full civil case

✍️ Summary:

✅ YES, you can file immediately.
✅ Name the defendant as John Doe.
✅ Subpoena companies to force disclosure.
✅ Amend and move forward when you identify them.

Yes — you absolutely can file a lawsuit yourself, pro se (without a lawyer), in South Carolina courts.

✅ Pro se simply means “for oneself.”
✅ South Carolina courts recognize and allow individuals to represent themselves in both magistrate courts (small claims) and circuit courts (higher value cases).

Where You Can File Pro Se in South Carolina:

Court	Type	Dollar Limits	Notes
Magistrate Court (Small Claims)	Civil	Under $7,500	Fast and simple; good for small harassment/damages cases
Circuit Court (Common Pleas Division)	Civil	No limit	For bigger cases (major defamation damages, punitive damages claims)

For major defamation and cyberstalking claims — you would likely file in Circuit Court.

Key Things You Need to Do to File Pro Se:

Draft a proper Complaint
(Summarizing the facts, causes of action — e.g., Defamation, Cyberstalking, Intentional Infliction of Emotional Distress)
File it with the Clerk of Court
(In the county where either you live, they live, or where the events happened.)
Pay the filing fee
- Circuit Court fee: around $150–$200.
- You can also file a Motion to Proceed In Forma Pauperis if you can’t afford the fee.
Serve the Defendant
- After filing, you must have the Defendant (even “John Doe” at first) properly served under SC rules — typically by certified mail, sheriff’s office, or a process server.
Manage Discovery
- If it’s against a John Doe, you’ll motion for early discovery to subpoena social media companies and uncover the person’s real identity.
Amend your Complaint when you discover the real name.
Prepare for Court
- You will argue your own motions, appear at hearings, and be expected to follow court procedure, even without a lawyer.

What Laws Protect Victims

Under South Carolina and Florida law, several legal actions are available:

Defamation: Suing for false statements that damage reputation.
Defamation Per Se: Suing when false accusations of criminal acts, dishonesty, or professional misconduct are made — without needing to prove financial harm.
Cyberstalking and Harassment: Pursuing civil claims or criminal complaints for repeated online attacks intended to cause emotional distress.
Malicious Prosecution: Filing suit when false criminal accusations are made and later proven baseless.

Penalties can include general damages for emotional suffering, special damages for lost income, and punitive damages to punish egregious conduct.

Real Cases Where Victims Won

Several high-profile cases show that pursuing anonymous cyberbullies through the courts can succeed:

Dendrite International v. Doe (New Jersey, 2001): A landmark case where a company successfully subpoenaed an internet service provider to uncover the identity of a user who defamed it online. The court established key standards that balance free speech against the right to sue for defamation.
Cohen v. Google, Inc. (New York, 2009): A model sued an anonymous blogger who called her derogatory names. A New York court forced Google to reveal the blogger’s identity, leading to a successful defamation lawsuit.
Stone v. Paddock Publications (Illinois, 2011): After anonymous users posted defamatory comments online, the court allowed the plaintiff to subpoena website hosts and unmask the commenters. Several settled the case privately after being identified.
Montgomery v. Anonymous Blogger (Texas, 2015): A business owner successfully sued an anonymous blogger who falsely accused him of criminal conduct, winning a six-figure judgment after the blogger’s identity was revealed through discovery.

Victims Are Not Powerless

While the process can be slow and methodical, courts increasingly recognize the seriousness of anonymous defamation and harassment. With clear documentation, preserved evidence, and the right legal steps, even an unknown individual hiding behind fake screen names can be held accountable — civilly and sometimes criminally.

No one is untouchable simply because they hide behind a keyboard.

Victims of cyberbullying, defamation, and online harassment should know: you have rights, and you can fight back — even against John Doe.

If you are a victim of online cyberbullying, defamation, or harassment, you have options — and you do not have to suffer in silence.

If you’ve been cyberbullied, defamed or harassed online, send us a tip so we can help you with it.