03/02/2020 CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016) respondent make use of the online tools and identify the offending content by URL to enable Facebook to investigate the complaint. The solicitor stressed the requirement to specifically identify the alleged offending contact by URL as Facebook could not make a proper assessment if simply provided with a link to a profile page containing thousands of comments. [12] By a response of the same date the respondent’'s solicitor advised that their client did not wish to be affiliated with Facebook in any way and therefore did not wish to use the online tools to report the content. The solicitor enclosed a number of screenshots highlighting abusive comments but indicated that it was not possible to identify individual alleged offending conduct by a series of different URLs. The solicitor submitted that the offending content was a single thread accessed by the McCloskey’'s Predator 2 profile page. The respondent issued proceedings against both appellants on 28 May 2013 and claimed interim relief, although by 22 May 2013 Facebook had taken down all postings in relation to the respondent. [13] RS is the father of one of CG’'s victims and had his own profile page on Facebook. He had earlier posted comments on the Predators 2 page about the general area in which he believed CG resided. On 13 November 2013 he uploaded the photograph of the respondent that had appeared on McCloskey’'s profile page to his own page. He identified the respondent by name as a convicted sex offender and stated the area in which he formerly lived and that in which he believed he was then living. He described the respondent as a danger to all kids male and female and advised those reading the page to keep their eyes open and their kids safe. [14] The respondent''s solicitor wrote to Facebook on 15 November 2013. The letter noted that between 13 and 15 November 2013 the photograph of the respondent had been shared 1622 times and that other Facebook users had included comments threatening violence to the respondent. The letter asserted that the comments were defamatory and put the respondent''s life at immediate risk and requested that Facebook remove them, identifying the main URL. [15] By return letter of 15 November 2013 Facebook’'s solicitor requested the respondent’'s solicitor to provide the specific URLs for each and every individual comment. The respondent’'s solicitor replied by letter dated 26 November 2013 stating that the posting identified their client, the location where he lived and that he was a risk to children. It was contended that the posting was designed to place him at risk of degrading treatment, harassment, abuse and vigilantism. The following day Facebook’'s solicitor wrote indicating that Facebook could not investigate such comments absent identification of the URL for each specific comment. Without specific URLs the letter stated that they were unable to locate the alleged comments. The specific URLs were provided by the respondent’'s solicitor on 3 and 4 December 2013 and all of the material was removed by Facebook on 4 or 5 December 2013 by taking down the main URL and thereby removing all the comments. [16] The third complaint concerned a further publication by RS on his Facebook page on 23 December 2013 when he reposted the photograph of the respondent. There were 2 comments, one of which stated that this was what a “"pedo”" looked like and the other advising that this should be shared before it was taken down as the respondent was “"a danger to all kids”". A letter of claim was sent to Facebook on 8 January 2014 identifying the relevant URLs and stating that the comments were defamatory and put the respondent’'s life at risk. The page was taken down on 22 January 2014. It was accepted by the respondent in this appeal that the allegation of defamation in each of the letters of claim was entirely without substance and there was no appeal against the dismissal by the learned trial judge of the claims based on the imminent risk to life. [17] The general effect on the respondent as found by the learned trial judge was that he was extremely concerned about potential violence. He was also concerned about the effect on his family. In his evidence the respondent said that he did not object to name calling as that was something he had to live with as a result of his conviction but he was concerned when there was an attempt to find out where he lived or to hurt his family. There were a number of incidents between May 2013 and Christmas 2013 where he was approached and verbally abused by members of the public. A psychiatric report indicated that he had sustained an exacerbation of pre-existing anxiety as a result of the postings. His relationship with his immediate family and his child was adversely affected. www.bailii.org/nie/cases/NICA/2016/54.html 5/21