03/02/2020 CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016) were committed between 1982 and 1989. He was sentenced to 6 years imprisonment. He had a total of 15 convictions of this kind having first offended 1980. [7] When creating a page on Facebook there are a range of privacy settings which may be imposed to regulate the extent of access to the page. McCloskey did not impose any privacy settings so the Facebook page was open as a result of which access was available to anyone who was a Facebook user. Those who access such sites are generally referred to as “"friends”" and can choose whether to like the page. Numerous comments were posted on the page including threats that XY would be burned out of his rented accommodation. On 14 November 2012 he issued proceedings claiming an injunction and damages against Facebook. McCloskey had not been identified as the operator of the page at that time. McCloskey J heard XY''s application for interim relief. He found that some of the comments were threatening, intimidatory, inflammatory, provocative, reckless and irresponsible. On 30 November 2012 he granted an interim injunction requiring Facebook to remove the page, the effect of which was also to remove the related comments. Immediately thereafter, McCloskey set up a new profile page, Predators 2. It was also dedicated to the identification of sex offenders. There were no privacy settings so the page was again open. XY’'s claim was eventually resolved by way of undertakings given in June 2013. The pleadings in the XY case referred to the existence of the Predators 2 page but there was no reference on that page or its comments to XY nor was there any reference on the original Predator page to the respondent. [8] CG was sentenced to 10 years imprisonment on 27 March 2007 for offences of indecent assault and gross indecency. At the time of his conviction in March 2007 the Irish News, a newspaper with a wide circulation in Northern Ireland, carried an article which identified CG by name, stated that he had been convicted of a specific number of sex offences, identified the age and sex of his two victims and the particular characteristic of one of them and the duration over which he had befriended the parents of one of his victims. It also included a photograph of CG. He was released on licence on 27 February 2012. On release the risks posed by him were managed on a multi-agency basis under the Public Protection Arrangements in Northern Ireland (PPANI) which emphasises the need to prevent inappropriate disclosure of information in relation to sex offenders, such as details of the offender’'s residence, as such disclosure is likely to interfere with the level of co-operation by the offender and the rehabilitation process. [9] On 22 April 2013 McCloskey posted a copy of the article which had been published in the Irish News at the time of CG’'s conviction together with the photograph of CG on the Predator 2 page. At the top of the page it was stated that Predator 2 was an information site to promote awareness. Those posting comments were asked to refrain from rude/violent comments. Posting such comments could lead to their removal. Those who liked the page were asked to indicate their approval by leaving a heart symbol, “"<3”". At the bottom of the article the second appellant had posted ""say what you like on this one apart from violence my friends"". The profile page also referred to other sex offenders in similar terms. The second appellant claimed that the page had 25,000 friends. [10] This posting attracted more than 150 comments. Some of the comments simply consisted of the heart symbol. A number of comments referred to sentencing levels and the need for the protection of children but many were hostile to the respondent. Despite the request for restraint the comments included abusive language, violent language including expressions of support for those who would commit violence against the respondent, references to where he was living or may be living and expressions of support for those who would seek to exclude him from the area in which he was believed to live. [11] On Friday 26 April 2013 the respondent’'s solicitors wrote to both Facebook and Johns Elliott, the solicitors in Northern Ireland who had previously acted for Facebook in the XY litigation. The letters enclosed a hard copy of the profile page as at that date and indicated that the material was defamatory and put their client''s life at immediate risk. The letter sought the removal of the offending material forthwith and proposals for compensation. By letter dated 2 May 2013 Facebook’'s solicitor responded indicating that Facebook provides users and non-users with online tools to report improper content. The solicitor stated that Facebook can and does disable content that violates its terms of service when properly and specifically advised of such violations. The letter then referred to the internet sites that should be used. Facebook’'s solicitors went on to suggest that the www.bailii.org/nie/cases/NICA/2016/54.html 4/21