03/02/2020 CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016) respondent by subjecting him to constant intimidation by oppressive and unreasonable conduct sufficient to give rise to criminal liability (see R v Curtis [2010] EWCA 123). Although Regulation 19 of the 2002 Regulations exempts an ISS provider from damages or other pecuniary remedy or criminal sanction where it has no actual knowledge of unlawful activity or information and is not aware of facts or circumstances from which it would have been apparent to the service provider that the activity or information was unlawful, there was no prohibition on the court granting an injunction to deal with the continuation of the harassment by McCloskey. Facebook did not take issue with the injunctive relief ordered by the learned trial judge requiring it to terminate the Predators 2 page as a remedy in respect of the harassment claim against McCloskey. [38] In R (on the application of C) v Secretary of State for Justice [2016] UKSC 2 the Supreme Court dealt with an anonymity application in respect of an offender convicted of murder who was applying to the Parole Board for unsupervised release. Lady Hale noted the media and victim interest in open justice and set out the competing interests in favour of anonymity at paragraph 39. “"39 In favour of anonymity are all the general considerations about harm to the patient''s health and well-being, the “"chilling effect”" of a risk of disclosure, both on his willingness to be open with his doctors and other carers, and on his willingness to avail himself of the remedies available to challenge his continued deprivation of liberty, long after the period deemed appropriate punishment for his crimes has expired. Added to those are the specific risk elements in this case identified in the letter from his responsible clinician: see para 9 above. The existence of a risk to the appellant from members of the public is also acknowledged in the letters of the Secretary of State and reflected in the Parole Board''s requirement that he change his name. He is much more likely to be able to lead a successful life in the community if his identity is not generally known. The risk of “"jigsaw”" identification, of people putting two and two together, will remain despite the change of name.”" [39] Although the confidentiality of the appellant’'s medical information was engaged in that case some of the factors identified by Lady Hale were present in this case. There were a number of comments threatening the welfare of the offender and causing him distress and alarm. Those responsible for the PPANI identified the chilling effect of disclosure of his home and movements and the problems such disclosure would present to rehabilitation. The learned trial judge incorporated evidence that he had received in Callaghan v Independent News [2009] NIQB 1 about the risks to the safety of those who were identified in the community by the media after their release. There was no change of name in this case and that protection was not, therefore, in place. The comments on the Predators 2 page included reference to the area in which he lived and that where he used to live and where his family was residing. Although the area in which he was allegedly living was one in which many thousands of people were residing and there was no identification of an address or street it was clear that some of those posting on the Predators 2 page were seeking to establish the respondent’'s whereabouts. [40] We accept that this was an appropriate case to make the Order taking down the site in order to protect the respondent from continued intimidation generated from McCloskey’'s site. Where there is intimidation or alarm of the required severity caused by unreasonable or oppressive conduct there is protection available by law by virtue of the Protection from Harassment (Northern Ireland) Order 1997 (the 1997 Order). Plainly this legislation deals with protection from intrusion and is intended to support personal autonomy. The tort of misuse of private information is aimed at securing similar values protected by Article 8 of the Convention but it can only come into play where it is established that any information in respect of which complaint is made is private and the publisher knew or ought to have known that it was private. There is no such constraint on the use of the 1997 Order and it is apparent, therefore, that these protections are complementary. [41] We agree with much of the learned trial judge’'s analysis of the law concerning the tort of misuse of private information. The values protected by Article 8 of the Convention, particularly autonomy and dignity, are at the core of the cause of action. The tort protects both confidentiality www.bailii.org/nie/cases/NICA/2016/54.html 9/21