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03/02/2020 CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016) [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] Court of Appeal in Northern Ireland Decisions You are here: BAILII >> Databases >> Court of Appeal in Northern Ireland Decisions >> CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016) URL: http://www.bailii.org/nie/cases/NICA/2016/54.html Cite as: [2016] NICA 54 [New search] [Printable RTF version] [Help] CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016) [2016] NICA 54 Ref: MOR10142 Judgment: approved by the Court for handing down Delivered: 21/12/2016 (subject to editorial corrections)* IN HER MAJESTY’'S COURT OF APPEAL IN NORTHERN IRELAND ______ BETWEEN: CG Plaintiff/Respondent and Cross-Appellant; -andFACEBOOK IRELAND LIMITED And JOSEPH McCLOSKEY Defendants/Appellants and Respondents to Cross Appeal. ________ Before: Morgan LCJ Gillen LJ and Weatherup LJ _______ MORGAN LCJ (giving the judgment of the court) [1] This case is primarily concerned with the liability in damages of information society services, in this case Facebook, for misuse of private information as a result of postings on their sites by third parties. The ﬁrst and second named appellants, Facebook Ireland Ltd and Joseph McCloskey, hereinafter respectively referred to as “"Facebook”" and “"McCloskey”", appeal from an Order of Stephens J ﬁled on 4 March 2015 whereby he held Facebook liable to the respondent for misuse of private information in respect of three proﬁle pages on its social network together with the comments generated by those pages and McCloskey liable for unlawful harassment in respect of the ﬁrst of those proﬁle pages and comments. He awarded damages in each case. He further made an www.bailii.org/nie/cases/NICA/2016/54.html 1/21

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CG v. Facebook Ireland Ltd

Case Law

Country

United Kingdom

Country Location

Latitude: 52.32950805122076

Longitude: -1.4047851562500706

Country Location (Lié Case Law): United Kingdom

Decision Date: 21 déc. 2016

Case Status: In progress

Case Outcome (Procedural)

Affirmed in Part/Reversed in Part

Case Outcome (Disposition)

Monetary Damages/Fines

Keywords

Intermediary Liability
Internet Service Providers
Open Court Principle
Privacy

Judicial Body: Appellate Court

Case Number: [2016] NICA 54

Case Summary: The Northern Ireland Court of Appeal held Facebook and one of its users liable for "misuse of private information" since the user's posts disclosed a sex offender's photograph, name, address and previous offences. The case was brought by CG, who had been sentenced for indecent assault and gross indecency, against Facebook and Mr. McCloskey because personal information and threats to his safety had been posted on McCloskey’s Facebook page entitled "Keeping Our Kids Safe from Predators 2". In regard to disclosure of previous convictions, the Court noted the importance of open justice and the public's right to know about such convictions. However, it was held that considering the harassment context to which CG was subject, he had a "reasonable expectation of privacy" in relation to the cumulative disclosure of his personal details and his resulting exposure to potential acts of vigilantism. On the basis of the Google Spain case, the Court held that Facebook Ireland was a data controller and could therefore be held liable for failing to expeditiously respond to requests to take down the impugned information. Furthermore, the Court found that Facebook was not under an obligation to monitor information it transmits and stores, and therefore rejected the lower courts assertion that Facebook should have been aware of previous litigation against McCloskey and proactively removed the private information. Although Facebook was found liable, it was limited and the Court of Appeal in Northern Ireland took a detailed look at the notice that was given to Facebook to ensure that liability would only arise where Facebook had been provided with the substance of a claim in misuse of private information, and the identification of the unlawful content.

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

Source Name and URL: Columbia Global Freedom of Expression

Documents principaux

CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016).pdf
English
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