03/02/2020 J20 v Facebook Ireland Ltd [2016] NIQB 98 (20 December 2016) innuendo to establish defamation. Equally, this material could be distinguished from the photographs about which the plaintiff complains. On the face of the photographs there is nothing that would alert the defendant to any suggestion that they were "doctored" in any way or taken on a private occasion. The reference to the religion of the plaintiff's children and to him being referred to as a "tout" were unlawful and could not be justified. In the circumstances I have come to the conclusion that the defendant did have actual knowledge of the unlawful nature of the information in question. In short the defendant had sufficient facts and circumstances before it to make it apparent that the publication of the information which I have identified was private. [76] The material supporting the injunction application (which was not received until 25 September 2013) contains an affidavit from the plaintiff which sets out his complaints in detail. He repeats the assertions about the reference to him being a Loyalist bigot and a sectarian scumbag. He refers to comments to the effect that he is a woman beater and a person who takes the drug Diazepam. He refers to the photograph describing him as a "tout" which he understood to mean that he was some sort of agent or informer. He refers to threats from Dissident Republicans to Loyalist protestors. He describes his distress at the references to his children. He indicates that he is in fear of his life and that these posts are having a detrimental effect on his mental well-being. [77] It cannot be said that this is a case in which the defendant acted expeditiously in removing the offending information. In the circumstances of this particular case it is significant that the defendant made a decision not to remove the material when the complaint was made. This is not a case where there has been some delay whilst the matter was considered by the defendant. The defendant assessed the material and came to a view that it should not be deleted. Specifically it came to the view that it did not violate its community standards. There was no reply at all to the letter of 13 September 2013. The defendant chose not to seek clarification or to engage with the plaintiff's solicitors in any way. Rather as per Mr Gagne's affidavit in relation to the Irish Blessings page the defendant "determined it did not violate Facebook's terms of service." [78] I have therefore come to the conclusion that the defendant is liable for the misuse of private information which I have identified in this case. The medical evidence [79] In this action the plaintiff claimed that as a result of the postings on Facebook he suffered a psychiatric injury. The plaintiff's solicitors instructed Dr Brian Mangan, Consultant Psychiatrist to examine the plaintiff and provide medico legal reports for the court. Dr Mangan provided two reports based on examinations of the plaintiff on 15 January 2014 and 17 September 2015. Dr Gerry Loughrey Consultant Psychiatrist reported on behalf of the defendant having examined the plaintiff on 17 February 2016. [80] Dr Mangan provided a subsequent addendum dated 10 March 2016 in response to the report from Dr Loughrey. [81] It is clear from both medical reports that prior to September 2013 the plaintiff had a long history of anxiety, depression and stress. He had frequent visits to his General Practitioner whose notes reveal a history of depression, alcohol dependence, use of illegal drugs including Ecstasy, Cannabis and Speed. There was a history of various references to community addiction teams. He had multiple prescriptions over the years with a particular history of being prescribed Diazepam which he has been taking for 25 years. [82] When the plaintiff saw Dr Mangan on 15 January 2014 he indicated that he had received "threats" on Facebook and that he found these stressful and difficult to deal with. His focus was on fear of being attacked by paramilitaries and he describes leaving his home and living for periods at a different location. [83] Records subsequent to the postings on Facebook reveal an attendance on 24 September 2013 re a report of chronic anxiety. There is no specific reference to the Facebook postings. www.bailii.org/nie/cases/NIHC/QB/2016/98.html 14/17