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03/02/2020 Muwema -v- Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016) BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: http://www.bailii.org/ie/cases/IEHC/2016/H519.html www.bailii.org/ie/cases/IEHC/2016/H519.html 15/15

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Muwema v. Facebook Ireland Ltd

Case Law

Country

Ireland

Country Location

Latitude: 53.39992608808635

Longitude: -6.972188020138075

Country Location (linked Case Law): Ireland

Decision Date: Aug 23, 2016

Case Status: In progress

Case Outcome (Procedural)

Motion Denied

Case Outcome (Disposition)

Injunction, Order, or Motion Denied/Vacated
Injunction, Order, or Motion Granted

Keywords

Intermediary Liability
Internet Service Providers
Social Media

Judicial Body: First Instance Court

Court Name: The High Court of Ireland

Case Number: [2016] IEHC 519

Case Summary: The High Court of Ireland refused to order that Facebook take down content posted by a third-party user and prevent others from posting the same content. However, the High Court did grant an order that was agreed between the parties that Facebook should disclose information to help identify the user. A Ugandan lawyer sought these orders in relation to alleged defamatory posts made by an anonymous Facebook user accusing him of bribery and political subterfuge. The High Court declined to grant two of the injunctions due to the "reasonable likelihood" that Facebook would succeed with a defense of "innocent publication" as the host of the content, and the fact that the injunction was unlikely to serve any practical purpose. Nonetheless, the judge expressed his unease with the situation pertaining under Irish law that seemed to leave a plaintiff without a remedy in cases where defamatory publication is online, and made by an unidentifiable user beyond the jurisdiction of the court.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Source URL: Columbia Global Freedom of Expression

Collection

CIPIT

Date Updated: May 13, 2024

Primary Documents

Muwema -v- Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016).pdf
English
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CYRILLA: Global Digital Rights Law

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Muwema v. Facebook Ireland Ltd

Primary Documents

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