CG v Facebook Ireland Ltd & Anor [2015] NIQB 11 (20 February 2015)

CG v Facebook Ireland Ltd & Anor [2015] NIQB 11 (20 February 2015)

The defendants, by publishing and permitting the publication of hostile, abusive, and threatening material identifying the plaintiff as a sex offender, misused his private information and engaged in harassment, causing psychological harm and risk to his safety and family life. Facebook Ireland Limited failed to act expeditiously to remove unlawful content despite being on notice, and its internal procedures were inadequate. The second defendant knowingly encouraged and facilitated harassment. Both are liable for misuse of private information and harassment; Facebook is not entitled to the limitation of liability under the Electronic Commerce (EC Directive) Regulations 2002 due to lack of...

Citation
[2015] NIQB 11
Parties
Plaintiff: CG; First Defendant: Facebook Ireland Limited; Second Defendant: Joseph McCloskey
Jurisdiction
Northern Ireland
Judgment Date
20 February 2015
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed in part; injunction granted; damages awarded
Legal Topics
Misuse of Private Information, Harassment, Breach of ECHR Articles 2, 3, And 8, Negligence, Data Protection Act 1998, Electronic Commerce (ec Directive) Regulations 2002
Tort Law Human Rights Law Data Protection Law Internet Law Misuse of Private Information Harassment Breach of ECHR Articles 2, 3, and 8 Negligence +2 more

Case Brief

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Parties

CG

Plaintiff

Facebook Ireland Limited

First Defendant

Joseph McCloskey

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants misused the plaintiff's private information
  2. 2 Whether the defendants engaged in harassment under the Protection from Harassment (Northern Ireland) Order 1997
  3. 3 Whether the defendants breached Articles 2, 3, and 8 of the ECHR

Ratio Decidendi

The defendants, by publishing and permitting the publication of hostile, abusive, and threatening material identifying the plaintiff as a sex offender, misused his private information and engaged in harassment, causing psychological harm and risk to his safety and family life. Facebook Ireland Limited failed to act expeditiously to remove unlawful content despite being on notice, and its internal procedures were inadequate. The second defendant knowingly encouraged and facilitated harassment. Both are liable for misuse of private information and harassment; Facebook is not entitled to the limitation of liability under the Electronic Commerce (EC Directive) Regulations 2002 due to lack of...

Court Disposition

Claim allowed in part; injunction granted; damages awarded

Orders

  • Facebook Ireland Limited and Joseph McCloskey are restrained by injunction from publishing or permitting publication of the plaintiff's private information or material amounting to harassment.
  • Damages awarded to the plaintiff for misuse of private information and harassment.