The facts and circumstances of this case concern our client being identified and specially named on a Facebook page entitled ‘INLA Touts’ and the resulting threats on his life.
The Courts have previously demonstrated where there exists a breach of a person’s convention rights, that Facebook can be made the subject of injunctions to prevent further harm.
The possibility of actions against Facebook has been considered by the Court most recently in XY v. Facebook Ireland Limited [2012] NIQB 96 and CG v. Facebook Ireland Limited & McCloskey [2015] NIQB 11.
The following principles were established:
In XY McCloskey LJ held “The evidence…….demonstrates that there are those who are ill disposed to the Plaintiff and who are prepared to incite strong feelings of antagonism and hostility towards him with reckless disregard for the possible consequences.”
The Court ultimately granted interim relief in ordering Facebook to remove the offending page, concluding that this was “the only potentially efficacious remedy open to the Court in the present circumstances.”
Our case goes further than the standard set in XY and CG in that our client has had:
- Individuals visit him at home,
- Specifically reference the subject matter of the Facebook post,
- Made a conditional threat on his life; and
- Stated he would continue to be under surveillance.
This case is currently before the court and no further comment can be made at this time.
