An anti-Islam activist has failed in a bid to sue Facebook for $1.25 million after it briefly blocked him from a "patriot" group he administers.
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A Federal Court judge last month dismissed the case as it had "no reasonable prospect of success" and ordered costs against Gary Young.
Mr Young, of Goulburn, had alleged the social media giant maliciously breached his right to free political speech.
He sought $1 million in exemplary damages, $250,000 in aggravated damages and costs.
Mr Young is one of two administrators of COMMON CAUSE, a more than 2200-member anti-Islamic group that advocates banning halal food, land sales to foreigners, and preventing people on visas from accessing Centrelink payments for more than two children.
He frequently writes about the "Islam invasion" of Australia.
The motivation for the court action came after Facebook locked Mr Young – who uses an assumed name on Facebook: Gee Young – out of COMMON CAUSE without warning between September 30 and October 2.
Facebook has an "authentic name" policy which requires users to use their own name, or a nickname that is "a variation of [the] authentic name".
Mr Young's case claimed that FaceBook Australia had "abruptly maliciously and deliberately and or negligently" removed him as administrator.
He claimed that Facebook's action interfered with his "implied right to free political speech" and also argued the company's conduct in requiring him to establish his true identity was misleading or deceptive.
Mr Young alleged he suffered in the form of "ridicule, loss of standing and loss of contact with his members and readers and a serious loss of sign-ups of membership to Common Cause", as well as "hurt anxiety and total denied by all respondents as to applicants (sic) legal rights within Australia to Free (sic) political speech".
He also sought damages for allowing "the integrity of COMMON CAUSE to be impugned by allowing unauthorised posts in applicants (sic) absence, the removal of material and membership from Common Cause" and "loss of faith and credibility among his peers who were shocked at Applicants (sic) sudden disappearance" from the group.
During proceedings, Mr Young admitted he had signed up to Facebook's terms, but said he had not read all the documentation because he found it to be too lengthy and confusing.
Justice John Griffiths noted that, under Australian law, the person is bound by terms they have signed.
"It is immaterial that the person has not read the document," Justice Griffiths wrote.
The judge said Mr Young's case had been prevented from success by "three insurmountable obstacles", including that Facebook Australia – who the case was against – does not own, control or host the Facebook Services, and the sign-up terms expressly said that users were entering an agreement with Facebook Ireland.
Justice Griffiths found Facebook Australia had been entitled to summary judgment.
The judge dismissed both the originating and interlocutory applications and ordered costs against Mr Young.
"Mr Young does not have reasonable prospects of success in obtaining any of the relief he seeks against that entity.
"Nor does he have a prima facie case to obtain any of the relief he proposes to seek under the proposed amended statement of claim against either Facebook Ireland or Facebook Inc.
"Accordingly, his interlocutory application must be dismissed."
