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03/02/2020 Muwema -v- Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016) BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: http://www.bailii.org/ie/cases/IEHC/2016/H519.html www.bailii.org/ie/cases/IEHC/2016/H519.html 15/15

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Muwema v. Facebook Ireland Ltd

Case Law

Country

Ireland

Country Location

Latitude: 53.39992608808635

Longitude: -6.972188020138075

Country Location (Lié Case Law): Ireland

Decision Date: 23 août 2016

Case Status: In progress

Case Outcome (Procedural)

Motion Denied

Case Outcome (Disposition)

Injunction or Order Denied/Vacated
Injunction or Order Granted

Keywords

Intermediary Liability
Internet Service Providers
Social Media

Judicial Body: First Instance Court

Case Number: [2016] IEHC 519

Case Summary: The High Court of Ireland refused to order that Facebook take down content posted by a third-party user and prevent others from posting the same content. However, the High Court did grant an order that was agreed between the parties that Facebook should disclose information to help identify the user. A Ugandan lawyer sought these orders in relation to alleged defamatory posts made by an anonymous Facebook user accusing him of bribery and political subterfuge. The High Court declined to grant two of the injunctions due to the "reasonable likelihood" that Facebook would succeed with a defense of "innocent publication" as the host of the content, and the fact that the injunction was unlikely to serve any practical purpose. Nonetheless, the judge expressed his unease with the situation pertaining under Irish law that seemed to leave a plaintiff without a remedy in cases where defamatory publication is online, and made by an unidentifiable user beyond the jurisdiction of the court.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Source Name and URL: Columbia Global Freedom of Expression

Collection

CIPIT

Date Updated: 13 mai 2024

Documents principaux

Muwema -v- Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016).pdf
English
Télécharger Vue

CYRILLA: Global Digital Rights Law

Sélectionner le paragraphe cible3

Muwema v. Facebook Ireland Ltd

Documents principaux

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