Defamation, Privacy and GDPR Solicitors Dublin

Privacy and your legal rights can be a challenging area to traverse at times, especially as this is an area where the law itself appears to be somewhat behind the reality of the online world that we live in.

We assist clients by helping them to find solutions to cyber harassment, misuse of private information and breaches of their rights to privacy.

Norwich Pharmacal relief has in recent times become a useful tool in the commencement of litigation and is becoming progressively more popular in the area of online defamation.  The internet has become the chosen platform for many individuals who seek to remain anonymous while at the same time spreading misinformation, distrust, hate speech, bullying and harassment and defaming others.  As a result,  Norwich Pharmacal Orders are increasingly more commonly sought from internet service providers in order to disclose the identify of the wrong doer.

A Norwich Pharmacal Order is an order made by the Court which compels the respondent to disclose certain information or documents to the applicants.  This form of Order is primarily sought as a means of identifying the appropriate defendant to an action where obtaining information which is required to plead a claim.  It is commonly sought against an innocent intermediatory, who although not directly involved in the offending activity, holds information or documentation required for the issuing of proceedings.

The information is sought by way of a Norwich Pharmacal Order may include the following:-

• The account users identity.
• Names and postal addresses.
• Telephone numbers.
• Email addresses.
• IP addresses.
• Internet service provider.

Social media platforms such as Facebook and/or Instagram may be required to produce basic subscriber information for an account to the extent that it exists and it is reasonably accessible upon service of an appropriate Court Order.

In a recent High Court decision of Ms Justice Niamh Hyland in the matter of Lisa’s Lust List Limited and another .v. Facebook Ireland Limited Record No. 2020/5867P, Hyland J held that the plaintiff was entitled to a Norwich Pharmacal Order requiring Facebook Ireland Limited to provide the plaintiff with details that Facebook had about account holders that the plaintiff claimed were posting controversial posts about her.