JR20 v Facebook Ireland Ltd [2017] NICA 48 (19 December 2017)

JR20 v Facebook Ireland Ltd [2017] NICA 48 (19 December 2017)

Facebook is liable for misuse of private information only in respect of the 'tout' allegation, as the reference to the religion of JR20's adult children did not give rise to a reasonable expectation of privacy on the facts. Facebook acquired actual knowledge of the unlawful 'tout' post upon service of the injunction papers and failed to act expeditiously to remove it. Damages are reduced to £500 to reflect the limited period of publication.

Citation
[2017] NICA 48
Parties
Plaintiff/respondent: JR20; Defendant/appellant: Facebook Ireland Limited
Jurisdiction
Northern Ireland
Judgment Date
19 December 2017
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal in Northern Ireland
Outcome
Appeal allowed in part; damages reduced.
Legal Topics
Misuse of Private Information, Liability of Internet Service Providers, Publication and Knowledge Requirements, Damages Assessment, Article 8 ECHR Rights
Tort Law Privacy Law Information Technology Law Misuse of Private Information Liability of Internet Service Providers Publication and Knowledge Requirements Damages Assessment Article 8 ECHR Rights

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Parties

JR20

Plaintiff/respondent

Facebook Ireland Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal in Northern Ireland

Legal Issues

  1. 1 Whether Facebook is liable for misuse of private information for posts made by third parties after notification
  2. 2 Whether the religion of the respondent's adult children is private information giving rise to a reasonable expectation of privacy
  3. 3 Whether the reference to the respondent as a 'tout' constitutes misuse of private information

Ratio Decidendi

Facebook is liable for misuse of private information only in respect of the 'tout' allegation, as the reference to the religion of JR20's adult children did not give rise to a reasonable expectation of privacy on the facts. Facebook acquired actual knowledge of the unlawful 'tout' post upon service of the injunction papers and failed to act expeditiously to remove it. Damages are reduced to £500 to reflect the limited period of publication.

Court Disposition

Appeal allowed in part; damages reduced.

Orders

  • Award of damages to JR20 reduced from £3,000 to £500.
  • Facebook found liable only for the publication of the 'tout' allegation from end of September to 9 October 2013.