Case Law, Northern Ireland: McAuley v Sunday Newspapers Ltd, Application for media injunction under Articles 2 and 3 dismissed – Hugh Tomlinson QC

9 09 2015

High-Court-BelfastOn 26 August 2015, Stephens J sitting in the Queen’s Bench Division in Northern Ireland, handed down judgment in the case of McAuley v Sunday Newspapers Ltd ([2015] NIQB 74).  The Judge dismissed an application by the plaintiff for an injunction to prevent two newspapers from “harassing, pestering, annoying or molesting” him by publication of information.  He also rejected the plaintiff’s application to continue reporting restriction and anonymization orders. Read the rest of this entry »

Facebook misused private information of convicted sex offender in not removing threatening posts containing his personal information, despite not receiving their web addresses – Alison Knight

21 04 2015

keys-264596__180The High Court of Justice in Northern Ireland recently held that Facebook Ireland misused the private information of a convicted sex offender posted on a Facebook page. This is an interesting little case as it deals with the issue of adequate notice in respect of web-hosting immunity available under the Electronic Commerce (EC Directive) Regulations 2002 (“the 2002 Regulations”). Read the rest of this entry »

Case Law, Northern Ireland: CG v Facebook Ireland, Harassment of Sex offenders and a Facebook injunction – Lorna Skinner

3 03 2015

Keeping Kids SafeIn CG v. Facebook Ireland Ltd and Joseph McCloskey ([2015] NIQB 11) a convicted sex offender was awarded £20,000 for misuse of private information and harassment claims brought in respect of a Facebook page designed to identify and track the whereabouts of sex offenders.  An injunction was granted against Facebook. Read the rest of this entry »

Northern Ireland Law Commission Consultation on Defamation: Part 2, Withdrawal of the ‘single meaning rule’ coupled with a bar to proceedings where meanings corrected – Andrew Scott

12 02 2015

High-Court-BelfastThe Northern Ireland Law Commission is currently consulting on reforms to defamation law [pdf]. Many mooted reforms relate closely to those reflected in the Defamation Act 2013 (see Part 1). In addition, the NILC is consulting on the desirability of a further reform option. This would comprise two inter-related changes: first, the withdrawal of the “single meaning rule”, and secondly, the introduction of a bar to the bringing of claims where a publisher has corrected or retracted a possible meaning promptly and prominently. Read the rest of this entry »

Northern Ireland Law Commission Consultation on Defamation: Part 1, Possible Revisions to Defamation Act 2013 – Andrew Scott

11 02 2015

nilc-logoWhile the Defamation Bill progressed through Parliament, neither the Scottish Parliament nor the Northern Ireland Assembly passed a consent motion to extend the legislation to those jurisdictions in full (the former did adopt sections 6 and 7 of the Act). Last week, the Scottish Law Commission announced that defamation would comprise one element of its ninth programme of law reform. The NI Law Commission has published a study of the law and is currently consulting on possible reforms [pdf]. The consultation closes on 20 February 2015. Read the rest of this entry »

Northern Ireland: Libel Claims in 2014, a small decline in numbers – Olivia O’Kane

16 12 2014

Northern IrelandIn the period 1 January to 31 October 2014 there were a total of 20 libel claims issued in Northern Ireland.  This suggests an annual total of around 26 claims and is a small decrease from the 30 claims in 2013, and the 32 in 2012. Read the rest of this entry »

Case Law, Northern Ireland: Loughran v. Century Newspapers, Statutory Qualified Privilege and Malice – Olivia O’Kane

24 10 2014

27358-sir-gerry-loughran-bwIn the case of Loughran v Century Newspapers ([2014] NICA 26) the Northern Ireland Court of Appeal considered a case in which a newspaper relied on the Curistan principle in relation to statutory qualified privilege and decided that a pleaded case of malice was not fit to go to the jury. Read the rest of this entry »


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