CG v Facebook: Court of Appeal agree on restrictions of social media
The claim was brought by a convicted paedophile in respect of a series of postings placed on Facebook by third parties, one of whom had been named as second defendant to the claims. The postings not only included data amounting to vituperative name-calling but also repeated incitements to violence in respect of the claimant.
The High Court held that Facebook was liable in respect of the postings, particularly on the basis that it had misused the claimant’s private information by failing to delete the postings after Facebook’s attention had been drawn to their existence.
Today, the Court of Appeal in Belfast upheld the judgment of the High Court. The CG litigation reinforces the point that organisations which operate merely so as to facilitate online freedom of expression can no longer safely assume that they are always operating in the stratosphere, far above the mire of the privacy litigation battlefield. Instead, they must appreciate that those rights are sufficiently flexible and powerful that they can potentially draw such organisations firmly into the litigation fray.
Shane Moorehead, Solicitor, KRW LAW LLP said at court today
‘’We are pleased that the highest court in the jurisdiction has upheld the original ruling against Facebook. Although the court reduced the period over which Facebook remained liable the case retains its landmark status. The judgment affirms the need for proper oversight of social media postings by Facebook.”
The case will be relisted for further hearing on 23 January 2017 for submissions on damages and costs.
Contact: Shane Moorehead
KRW LAW LLP
3rd Floor, The Sturgen Building
9 – 15 Queen Street
Belfast. BT1 6EA.
Tel: 028 9024 1888
Fax: 028 9024 4804