J20 v Facebook Ireland Ltd [2016]
Posted In: Case Law-
Decision Number
NIQB 98 -
Legal Body
-
Type of Claim / Jurisdiction
Discipline and Grievance, Discrimination and Equality, Data Protection and Freedom of Information Act
The plaintiff brought claims alleging harassment and misuse of private information in relation to a series of postings about him on three web pages that the defendant hosted. They included photographs of the plaintiff with numerous captions all related to flag protests in Belfast in 2013.
In applying the legal test for harassment the court focused on whether or not, objectively judged, the postings were ‘oppressive and unacceptable’ and held that the posts were insufficient to meet the definition. In analysing the relevant case law, the court noted that pursuant to the Harassment (Northern Ireland) Order 1997 a claimant would have to demonstrate that the conduct was of such gravity as
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