Facebook users must exercise restraint

04/08/2008

Facebook users should beware of information they post on the social networking site in relation to other people or entities, following a recent decision by the High Court in a claim for defamation and misuse of private information. While the case in question involved a concerted and deliberate attack on the claimant, both relating to his personal and professional life, other libellous posts on the site could well attract an award of damages in the event of a claim by a victim.

The defendant (R) had been close friends with the second claimant (F) but had become estranged due to some prior business dealings. In June 2007, R created a Facebook profile in F's name containing personal information pertaining to sexual orientation, relationship status, birthday, as well as his political and religious views. The following day, R created a group on Facebook, linked to F's profile. The group contained statements to the effect that F owed a lot of money and lied about when he would pay back debts.

Following discovery of the material some 2 weeks later, F requested that Facebook remove the material and following the obtaining of a [i]Norwich Pharmacol order, it was discovered that the material had been created using a computer with R's IP address. This evidence was not contested.

It was found that the defendant was indeed responsible for the creation of the Facebook material and further that the defamatory head of the claim could be upheld on the basis that the statements made about F pertaining to debts were wholly untrue. In assessing damages, the court took into account the perception of credit risk that such statements would give rise to as well as an element of aggravation insofar as R persisted in an untruthful defence, ensuring that the matter went to hearing which, in turn, subjected F to a lengthy cross-examination.

In total, the court awarded damages of £22,000 (£15,000 was in relation to the defamation claim which necessarily included an element for aggravation; £5,000 was awarded to the first claimant, being F's business as consequential damage for the allegations against F posted on Facebook; and the remaining £2,000 was awarded for misuse of private information being the information posted on the false profile, for which F had a legitimate expectation of privacy).

(Applause Store Productions & anor v Raphael [2008] EWHC 1781l)

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