03/02/2020 J20 v Facebook Ireland Ltd [2016] NIQB 98 (20 December 2016) liability in this case against the defendant prior to it being put on actual notice of the matters giving rise to a cause of action. There is no obligation to proactively monitor sites. [49] The issue therefore is whether or not the defendant had "actual knowledge" of the misuse of private information I have identified or was aware of facts and circumstances from which it would have been apparent to the service provider that the activity or information was unlawful. [50] Regulation 6(1)(c) of the Regulations requires that the ISSP 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. The 2002 Regulations clearly envisage a scheme which provides an easily accessible notice and take down procedure so that a complainant can utilise the Regulation 22 provision to establish actual knowledge and thereby establish liability against the ISSP if there is a failure to take down an unlawful posting. The defendant employs such a mechanism. In the course of the hearing I was referred to "Facebook Community Standards" which sets out the type of expression which is acceptable to it and what type of content may be reported and removed. The reporting mechanism to which I have referred permits members of the public to report abuse which violates these standards which are then reviewed by Facebook's Community Operations Team who can remove or delete the material if it violates policy. In this way it says it complies with the requirements of Regulation 19 of the E-Commerce Directive. [51] The plaintiff in his evidence indicated that he availed of this reporting mechanism. To use his term he "ticked the box" categorising his complaint about the posts as being "annoying and distasteful humour". He was extremely vague about precisely when he made this complaint and to which precise posts he referred in his complaint. He indicated that he did not receive any reply from the defendant. [52] It was also alleged via his pleadings that friends of his had reported the posts to the defendant as being "offensive" using the defendant's automated system but none of these witnesses were available to give evidence at the trial. [53] In addition he gave evidence that he instructed his then solicitors in relation to the matter. Arising from those instructions on 13 September 2013 his solicitors wrote to Facebook by fax and post in the following terms: "Dear Sirs, Re J20 We confirm we are instructed by J20 that a photograph and comments have been posted on Irish Blessings www.Facebook.com/Irishblessings page dated 11th September 2013 stating that another Loyalist bigot is exposed. The comments go on to call 'wee J20 organises more loyalist parades and protests that you can shake your fag at, he is bitter as the day is long #sectarian scumbag'. Thirteen offensive sectarian comments have been posted and J20 has advised us that he is in genuine fear of his life. There is no question that this article puts our client's life and physical well-being at risk. Please confirm you will ensure that the offending material is taken down immediately. If the offending material is not taken down by 5.00pm on 14th September 2013 we have instructions to make an application to the court for emergency injunction to force same and to fix you with the costs of the same." [54] This correspondence was described as "extremely urgent". There was no response to this letter. [55] The plaintiff's solicitors subsequently made an application for emergency interim injunctive relief by way of a motion on 25 September 2013. On 27 September 2013 the plaintiff obtained an ex-parte injunction on foot of this motion which inter alia ordered: "… that the respondent must remove forthwith from the 'Irish Blessings' web page of his website (having the URL http://www.Facebook.com/Irishblessings/page) the 'Ardoyne under siege' webpage (https://www.Facebook.com/#/pages/Ardoyneunderseige/505163022903072?fref=ts and the Belfast Banter web page www.bailii.org/nie/cases/NIHC/QB/2016/98.html 11/17