Tag Archives: European Convention of Human Rights

Facebook UK and Google UK not responsible for alleged defamation

The High Court, in two similar defamation actions by the same claimant against Facebook UK (FBUK) and Google UK (GUK) respectively, has upheld previous decisions to strike out the claims and grant summary judgment to the defendants.

The Claimant sought damages for libel and for breach of her right to privacy, under Article 8 of the European Convention of Human Rights, in respect of the publication of a Facebook profile and a posting on the Google Blogger service about her, both of which she alleged had been created by an impostor and were defamatory.

FBUK argued that it did not control user content on Facebook social media, saying that control rested with Facebook Inc and Facebook Ireland Ltd. GUK similarly argued that the Blogger site was under the control of Google Inc.

The High Court agreed that the defendants were not responsible for the publications and that the claimant had taken action against the wrong parties.

Publication of CCTV image of child does not breach right to private life

As part of a police campaign designed to identify individuals suspected of involvement in criminal activities a CCTV image of the appellant at age 14 was published. The Supreme Court ruled that this was not a breach of the appellant’s right to respect for his private life under Article 8 of the European Convention of Human Rights.

The judges disagreed on whether publication of the image interfered with the appellant’s human rights. However, they were unanimous in holding that, had there been an interference, it was justified on the basis that it was necessary for the administration of justice.

They also said that the police were entitled to disclose the image under the Data Protection Act as the publication was for the purposes of the prevention and detection of crime and the apprehension and prosecution of offenders.