03/02/2020 CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016) (ii) details of the location of the information in question; and (iii) details of the unlawful nature of the activity or information in question.”" [57] Regulation 6 of the 2002 Regulations requires an ISS provider to make available to those using its service general information. In particular Regulation 6(1)(c) requires that the ISS provider make available to the recipient of the service  in a form and manner which is easily, directly and permanently accessible the details of the service provider, including his electronic mail address, so as to make it possible to contact him rapidly and communicate with him in a direct and effective manner. It is apparent, therefore, that the scheme of the 2002 Regulations is to set up an easily accessible notice and take down procedure so that a complainant can utilise the Regulation 22 mechanism to establish actual knowledge and thereby establish an entitlement to damages if there is a failure to take down an unlawful posting. [58] The learned trial judge recorded the submission by Facebook that there was a requirement to give notice in accordance with the online notification procedure prescribed by it before actual knowledge could be acquired. He rejected that submission and was clearly right to do so. The test prescribed by the 2002 Regulations simply requires actual knowledge or awareness of facts and circumstances which make it apparent that the activity or information was unlawful. Actual knowledge is sufficient however acquired. It is apparent, however, that the statutory scheme for electronic notification is intended to provide a speedy, direct and accessible service at minimal cost for those who may be harmed by the continued publication of any unlawful information. Those using the service will often not have the benefit of professional assistance and the approach to the Regulations needs to factor this into account when assessing the nature of the notification. [59] Mr White submitted that the judge erred in his approach to the application of the 2002 Regulations. At paragraph [61] of his judgment he stated that Facebook did not attempt to prove that they did not have the capacity or resources or knowledge to look for or to assess material in relation to McCloskey having been put on notice of his activities by virtue of the XY litigation. Mr White claimed that the Directive and the 2002 Regulations effectively exempted Facebook from having to look for material. He drew attention in particular to the final sentences in paragraph [61]: “"I also infer that the first defendant knew or ought to have known of the profile/page “"Keeping our Kids Safe from Predators 2”" given that any simple searches by the first defendant would have revealed the new profile page with an almost identical name and with identical purposes. I consider that the first defendant had the capacity, resources and knowledge to look for and to assess material in relation to CG on the second defendant’'s profile/page without receiving any letter of claim or any complaint from CG.”" It was submitted that this passage again appeared to impose a monitoring obligation on Facebook requiring it to conduct searches without notice for the purpose of gathering information in order to avoid liability. Such an obligation was inconsistent with the terms of the e-Commerce Directive. [60] At paragraph 94 of the judgment when considering the Directive and the 2002 Regulations the judge said that Facebook could not be liable until it had actual or constructive knowledge of unlawful activity. The reference to constructive knowledge again tended to suggest some form of obligation on the part of Facebook to conduct enquiries with a view to ascertaining further information. At paragraph 95 the learned trial judge set out the three separate ways in which he concluded that actual knowledge of unlawful activity was acquired: “"a) by virtue of the XY litigation, b) by virtue of that litigation combined with the letters sent to the first defendant and to its solicitors, and www.bailii.org/nie/cases/NICA/2016/54.html 13/21