Richardson v Facebook [2015] EWHC 3154 (QB) (02 November 2015)

Richardson v Facebook [2015] EWHC 3154 (QB) (02 November 2015)

The claims against Facebook UK Limited and Google UK Limited were properly struck out because neither company was responsible for the publication or control of the online content complained of; the pleadings disclosed no reasonable cause of action in defamation or under Article 8 ECHR. The CJEU reference was refused...

Source-derived case information.

Citation
[2015] EWHC 3154
Parties
Claimant: Camille Saskia Richardson; Defendant: Facebook UK Limited; Defendant: Google (UK) Limited
Jurisdiction
England and Wales
Judgment Date
02 November 2015
Procedural Posture
Civil Defamation and Privacy / Appeal Against Orders Striking Out Claims and Applications for Reference to Cjeu, Anonymity, and Stay
Outcome
Appeals and applications dismissed
Legal Topics
Liability of Internet Service Providers, Article 8 ECHR, Defamation Act 1996, Defamation Act 2013, Human Rights Act 1998, Jurisdiction, Summary Judgment, Preliminary Reference to CJEU
Defamation Privacy Human Rights Civil Procedure Liability of Internet Service Providers Article 8 ECHR Defamation Act 1996 Defamation Act 2013 +4 more

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Parties

Camille Saskia Richardson

Claimant

Facebook UK Limited

Defendant

Google (UK) Limited

Defendant

Procedural Posture

Civil Defamation and Privacy / Appeal Against Orders Striking Out Claims and Applications for Reference to Cjeu, Anonymity, and Stay

Legal Issues

  1. 1 Whether Facebook UK Limited and Google UK Limited are proper defendants for claims regarding online content published on Facebook and Blogger respectively
  2. 2 Whether the claimant's pleadings disclosed a reasonable cause of action in defamation or under Article 8 ECHR
  3. 3 Whether the court should refer questions to the CJEU regarding the interpretation of EU law and the status of the defendants as 'hybrid public authorities'

Ratio Decidendi

The claims against Facebook UK Limited and Google UK Limited were properly struck out because neither company was responsible for the publication or control of the online content complained of; the pleadings disclosed no reasonable cause of action in defamation or under Article 8 ECHR. The CJEU reference was refused as the issues were matters of national law, not EU law. No permission to appeal, stay, or anonymity order was warranted.

Court Disposition

Appeals and applications dismissed

Orders

  • Claims against Facebook UK Limited and Google UK Limited struck out and dismissed
  • Applications for reference to CJEU, anonymity, and stay refused