03/02/2020
J20 v Facebook Ireland Ltd [2016] NIQB 98 (20 December 2016)
[84] The next record is a telephone contact with his GP on 25 September where he refers to chronic
anxiety and issues relating to threats to life on Facebook. There is a reference to:
"In court today re injunctions to get removed. Feels related to him being in mixed
relationship. He was prescribed Diazepam.
A subsequent telephone contact of 10 October 2013 reports chronic anxiety wanting
Diazepam increased. In court taking Facebook to court for posting death threats. It is
documented he was attending a counsellor. Requested sleeping tablets and Diazepam. His
request was denied. It is documented he was very angry."
The next relevant attendance is 11 October 2013. According to Dr Mangan:
"It is documented he had a long history of anxiety and depression and stress. Dependant on
Benzodiazepines. Has been through a lot over the years during the Troubles and has a
forensic history. It is documented he had on-going worries regarding death threats.
Previously he would have taken a lot of alcohol, rarely now. Does not admit to misuse of
drugs. With present court case he is taking extra Diazepam etc. He did attempt a slow
reduction two years ago and he became very agitated and slightly psychotic. P has now
recovered although he did return to previous dose. Well looking calm good eye contact.
Dwells a lot on past experiences that still distress him. Psychiatric referral Woodstock
Lodge. Our in-house counsellor saw him on a weekly basis for over a year. No apparent
improvement. Went to FASA today but not happy with the people he saw in there. Is
requesting to see a psychiatrist."
[85] The next relevant entry is dated 18 December 2013 where the applicant "reports in court
yesterday" – this relates to his prosecution for an assault on police. Appointment for Malone Place Day
Treatment Unit organised through Woodstock Lodge.
[86] Finally, on 14 March 2014 there is a note that he made telephone contact with his General
Practitioner. It is documented he had a stress related problem. He was discharged from prison with no
medication.
[87] Dr Mangan's diagnosis was that the plaintiff suffered from an exacerbation of pre-existing mixed
anxiety and depressive disorder. He came to this conclusion based on an assertion that the plaintiff was
subject to "death threats" on Facebook. Dr Mangan acknowledged that the plaintiff had a long history
of mental health problems and he expected that his psychological injuries arising from the threats
against him would resolve gradually over the next 12 months. He attributed 50% of his current mental
health problems to the threats that were made against him. When Dr Mangan re-examined the plaintiff
on 17 September 2015 the plaintiff informed him that there had been "further threats" made against
him on Facebook and social media. This had resulted in an increase in his stress levels. The focus
wedded to his pre-occupation with his personal safety. The only subsequent entry referred to by Dr
Mangan since his previous examination was an entry of 19 March 2015 indicating the plaintiff was
depressed, lots of complex issues, "Re things in past and ongoing." At that stage it was Dr Mangan's
view that there had been a deterioration in the plaintiff's mixed anxiety and depressive disorder since
the time of his last examination. Dr Mangan specifically relates that to further threats on Facebook. He
was also distressed and angry when he discovered that his solicitor had represented some of the
individuals who had made threats against him and believes there was a conflict of interest. Dr
Loughrey who examined the plaintiff on 17 February 2016 took a different view from Dr Mangan.
Having examined the medical notes and records he came to the view that the matter of the Facebook
postings had "a marginal effect upon his severe mental health problems and that this effect has passed".
It was his view that "if the postings in question had not been made, this man's psychiatric disturbance
and level of disability would have been essentially the same". Like Dr Mangan he too examined the
plaintiff's medical notes and records. He too noted the symptoms of anxiety and depression through the
years, the anxiety in part arising from chronic hypervigilance and PTSD, and a history of co-morbid
alcohol and drug dependence which was most recently manifest as Benzodiazepine dependent.
[88] What did emerge from Dr Loughrey's report was that the plaintiff links the postings on Facebook
to the family of his previous partner with whom he had three children. His previous partner was related
www.bailii.org/nie/cases/NIHC/QB/2016/98.html
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