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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70417
Experience:  Over 5 years in practice.
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Is a personal Facebook page considered a public website in

Customer Question

Is a personal Facebook page considered a public website in UK law
JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: There is a clause in a restraining order that states
JA: Anything else I can tell the Lawyer before I connect you two?
Customer: Not to have online discussions about someone on any public website.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
Can any post be referred to as discussions on a public website , if it's a personal page and it's just a post with no other party / discussion as in with someone else.
Expert:  Jo C. replied 1 year ago.
Can you explain your situation a little more?
Customer: replied 1 year ago.
There is a restraining order in placeIt prohibits
Having online discussions in relation to an (named individual) on any public websiteWould a post / statement (with no comments / discussion in/on) about say the named individuals children, not actually the named individual on a private and secure Facebook page open only to friends be classed as a Public website discussion as per the above named clause in a restraining order.
Expert:  Jo C. replied 1 year ago.
Did you name this person?Does the restraining order say directly or indirectly?
Customer: replied 1 year ago.
No does not name personSeparate part says not to contact person directly or indirectly by any means
Customer: replied 1 year ago.
I have never named this personI have never entered a discussion with any other partyBut the question is what can be classed as a discussion and what can be classed as public, when it's on a private page of a site
Expert:  Jo C. replied 1 year ago.
That is really a question for debate.Facebook is clearly a public site. Whether this particular page is or not depends really. I see the point that you make which is that it is private and not accessible to the public at large but only those selected. It depends how many can see it and whether there is a risk that they would have shared it.
Expert:  Jo C. replied 1 year ago.
I think overall it would lead to an argument but you would probably win if the facts are as you say.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
And what constitutes a discussion can a post with no comments be classed as a discussion
Expert:  Jo C. replied 1 year ago.
It depends.A post with no comments at all must have something within it. A photograph alone would not be enough.I would just avoid the topic on Facebook if I were you. Even if you win in court you would probably prefer not to have to defend it.
Customer: replied 1 year ago.
What do you mean something with in itI just mean making a statement about my children that doesn't name their other parent on a non public page, with no comments and no discussion naming the person with the order.
Does then the order mean more than what is written on it! Could be the argument. It should be explicit
Black and white not
Should just say on any website not public website
Discussion can not be a statement or picture for instance
When tested by its meaning in the dictionary or on Wikipedia online discussion has criteria to be met to be classed as a discussion, there has to be elements otherwise it's a statement not a discussion etc
Expert:  Jo C. replied 1 year ago.
Discussion is an unhelpful word within a restraining order but I'm afraid it could include a statement.