03/02/2020
Muwema -v- Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016)
H519
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(23 August 2016)
URL: http://www.bailii.org/ie/cases/IEHC/2016/H519.html
Cite as: [2016] IEHC 519
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Judgment
Title: Muwema -v- Facebook Ireland Ltd
Neutral Citation: [2016] IEHC 519
High Court Record Number: 2016 4637 P
Date of Delivery: 23/08/2016
Court: High Court
Judgment by: Binchy J.
Status: Approved
Neutral Citation: [2016] IEHC 519
THE HIGH COURT
Record No. [2016] 4637P
FRED MUWEMA
Plaintiff
-andFACEBOOK IRELAND LIMITED
Defendant
JUDGMENT of Mr. Justice Binchy delivered on the 23rd day of August, 2016.
1. The plaintiff in these proceedings claims damages for defamation of character which he claims he
has suffered by reason of articles posted on Facebook by a third party. Prior to issuing these
proceedings, the plaintiff requested the defendant to take down the articles from its site, but it
declined to do so. The plaintiff subsequently issued these proceedings, and by this application he
seeks a number of interlocutory orders as follows:
(i) a permanent order pursuant to section 33 of the Defamation Act 2009, (hereafter “the
Act of 2009”) prohibiting the publication or the further publication of the Facebook page
of one Tom Voltaire Okwalinga (hereafter “TVO”), hosted by the defendant and a number
of articles posted by TVO (hereafter the “Reported Content”), which I will shortly discuss.
(ii) In the alternative, an Order pursuant to section 33 of the Act of 2009 prohibiting the
publication or further publication of a number of posts set out in the schedule to the
plenary summons and appearing on the Facebook page of TVO.
(iii) An order that the defendant or any person having notice of the order cease and
desist in the further publication of the impugned articles.
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