HL (A Young Person) v. Facebook Inc. & Anr.
[2015] NIQB 61
In the High Court of Justice in Northern Ireland, Queen’s Bench Division
Reference STE9710
Before Justice Stephens
Decided on June 25, 2015

Relevancy of the Case: Validity of a minor’s consent while opening a social media account when she misrepresents her age

Statutes and Provisions Involved

• The Data Protection Act 1998 (Section 2(f))

Relevant Facts of the Case

• The plaintiff posted inappropriate sexual posts on her Facebook page. At the time of posting, she was 11 years old.
• She misrepresented her age when signing up on the Facebook platform. Facebook, however, allows users to report an account created by misrepresenting their identity.
• However, such measures did not prevent an individual from creating a new account after the platform blocked their previous account.

Prominent Arguments by the Counsels

• The plaintiff’s counsel argued that Facebook lacked a proper account registration system, allowing children to quickly misrepresent their age and exposing them to potential risks. The counsel claimed inadequate monitoring and an insufficient response system for reports of underage use. Further, the counsel argued that Facebook should have prevented immediate account reopening after closure due to age misrepresentation. The counsel asserted that Facebook’s monitors lacked proper training and supervision, leading to a lack of oversight for individuals with access to private information.
• The defendant’s counsel argued that the plaintiff’s negligence claims are limited since she misrepresented her age during account registration. The counsel submitted that the platform promptly closes such accounts when they receive appropriate information. Further, there are adequate controls during account opening to prevent such issues. The plaintiff’s allegations of inadequate monitoring and response systems are baseless. Facebook has 2 24/7 reporting systems. Anyone concerned about a child’s access to the platform can report it with prompt action, including account closure.

Opinion of the Bench

• The court expressed its regrets for the delay in the proceedings. Facebook must make a determined attempt to obtain expert evidence in time for the trial to proceed in September.
• If a preliminary issue is to be tried, the defendants must provide specific discovery of documents and interrogatories and a formal application.

Final Decision

• The court declined to proceed with a trial of preliminary issues related to the question of consent. However, it ordered the discovery of documents regarding issues arising under the Data Protection Act 1998.

Aditi Mangesh Sawant, an undergraduate student at NMIMS Kirit P Mehta School of Law, Mumbai, and Ritesh Karale, an undergraduate student at Maharashtra National Law University, Mumbai, prepared this case summary during their internship with The Cyber Blog India in January/February 2024.