03/02/2020
J20 v Facebook Ireland Ltd [2016] NIQB 98 (20 December 2016)
to a dissident Republican who deceased circa 2005. Prior to that date he had received what he
considered credible threats that he would be shot. In his evidence to the court the plaintiff indicated that
these postings brought all of this back.
[89] The predominant complaint from the plaintiff to Dr Loughrey was focused on his fear of this
particular family.
[90] Overall Dr Loughrey said "It was difficult to get him to describe any more psychiatric symptoms".
I too found this a feature of the plaintiff's evidence. In general terms he resorted to the fact that he was
"disgusted" with the posts, something which he repeated. The main issue emerging from the plaintiff's
evidence was of concern for his safety.
[91] In my view the entries immediately prior to the postings in September 2013 are significant. Thus,
throughout 2010 there is reference to chronic anxiety and being seen by the community psychiatric
nurse. On 31 January 2011 he attends his general practitioner with chronic anxiety and again there is
repeated reference throughout 2011 with regard to mental health issues. 2012 was no different with
again repeated attendances for chronic anxiety. On 8 May 2013 he attends with his general practitioner
complaining again of chronic anxiety. The first attendance immediately after the postings which are the
subject matter of his action also refer to chronic anxiety – 24 September 2013.
[92] It was Dr Loughrey's view that the referral to Malone Place indicates that treatment for addiction
was being sought. If one looks at the medical evidence as a whole it is difficult to identify any increase
in the plaintiff's level of disability or complaints. In Dr Loughrey's words they are "essentially the
same".
[93] Having considered the entirety of the medical evidence and importantly having listened to the
plaintiff's evidence I prefer Dr Loughrey's opinion. However, of much more significance in relation to
this particular issue is the fact that it is clear from the plaintiff's evidence that the psychiatric injury
about which he complains is related to death threats. Throughout the course of the evidence he was
keen to tell me about other threats posted on Facebook which are not the subject matter of this action.
Indeed, Dr Mangan's second report which suggested a deterioration in the symptoms is expressly
related to subsequent death threats. Equally, his first report refers to death threats and to an alleged
posting which said of the plaintiff he was "going to be shot, cut up". It may well be that there are other
postings which had given the plaintiff a genuine concern for his safety but none of these are part of his
action.
[94] In short I have come to the conclusion that the plaintiff has not established that he has suffered a
psychiatric injury as a result of the postings which are the subject matter of this action.
Conclusion
[95] The defendant is liable to the plaintiff for the tort of misuse of private information.
[96] The plaintiff is entitled to damages for the breaches I have determined. In assessing the level of
damages I have regard to the limited nature, extent and duration of the breaches. The damages should
vindicate his rights and reflect the undoubted injury to his feelings. As I have indicated in the judgment
I do not attribute any actual personal or psychiatric injury to any of the breaches I have found. It seems
to me that this is the type of case considered by the Court of Appeal in McGaughey v Sunday
Newspaper Ltd [2011] NICA 51 where the court stated at paragraph [19]:
"We consider, however, that the thrust of the decisions on misuse of private information
demonstrates that modest damages are appropriate unless there are particular
circumstances not associated with reputation which are properly to be taken into account."
I do not consider this is such a case and that therefore an award for modest damages is appropriate.
[97] In all the circumstances I consider an appropriate award is one of £3,000 damages.
www.bailii.org/nie/cases/NIHC/QB/2016/98.html
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