MM v BC & Anor [2017] NIQB 127 (1 December 2017)

MM v BC & Anor [2017] NIQB 127 (1 December 2017)

The court refused the mandatory injunction because there was insufficient evidence of a very strong probability of further grave damage to the plaintiff, Facebook had already taken all reasonable and proportionate steps to remove the images and prevent further dissemination, and the technical and resource burden of the order sought would be disproportionate to any potential benefit.

Citation
[2017] NIQB 127
Parties
Plaintiff: MM; First Defendant: BC; Second Defendant: RS; Third Defendant: Facebook Ireland Limited
Jurisdiction
Northern Ireland
Judgment Date
01 December 2017
Procedural Posture
Interim Injunction Application in Ongoing Civil Proceedings / Hearing and Determination of Plaintiff's Notice of Motion for Mandatory Interim Injunction
Outcome
Application for mandatory interim injunction refused
Legal Topics
Interim Injunctions, Misuse of Private Information, Breach of Confidence, Harassment, Data Protection, Human Rights, Online Platforms Liability
Civil Procedure Privacy Law Data Protection Tort Law Interim Injunctions Misuse of Private Information Breach of Confidence Harassment +2 more

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Parties

MM

Plaintiff

BC

First Defendant

RS

Second Defendant

Facebook Ireland Limited

Third Defendant

Procedural Posture

Interim Injunction Application in Ongoing Civil Proceedings / Hearing and Determination of Plaintiff's Notice of Motion for Mandatory Interim Injunction

Legal Issues

  1. 1 Whether a mandatory interim injunction should be granted requiring Facebook to locate and delete all images of the plaintiff from its platform as identified in the Ryan Report
  2. 2 Whether Facebook has taken all reasonable and proportionate steps to remove the images and prevent further dissemination
  3. 3 Whether the risk of further grave damage to the plaintiff justifies the mandatory order sought

Ratio Decidendi

The court refused the mandatory injunction because there was insufficient evidence of a very strong probability of further grave damage to the plaintiff, Facebook had already taken all reasonable and proportionate steps to remove the images and prevent further dissemination, and the technical and resource burden of the order sought would be disproportionate to any potential benefit.

Court Disposition

Application for mandatory interim injunction refused