03/02/2020 Muwema -v- Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016) H519 [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] High Court of Ireland Decisions You are here: BAILII >> Databases >> High Court of Ireland Decisions >> Muwema -v- Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016) URL: http://www.bailii.org/ie/cases/IEHC/2016/H519.html Cite as: [2016] IEHC 519 [New search] [Help] 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. www.bailii.org/ie/cases/IEHC/2016/H519.html 1/15

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