Courts / Ireland / Report

Girl settles action against eBay over alleged use of image

Summary

A High Court action against eBay Europe Services Ltd and eBay Marketplaces GMBH regarding the alleged commercial use of a young Irish child's image has been resolved. The applicant, a minor suing through her mother, previously secured a temporary injunction in April restraining the defendants from processing or using the image, which was taken down. The case returned before the courts on several occasions and was adjourned, with the injunction remaining in place, to allow discussions to take place. On Thursday, counsel John Temple BL informed Ms Justice Leonie Reynolds that the parties had reached an agreement following out-of-court talks. Under the settlement, eBay will promptly remove any detected instances of the child's data images on its platform. For 12 months, further instances may be reported directly to eBay's legal representatives, who will ensure prompt removal. A payment to the minor will be made by eBay, subject to a later High Court ruling. The defendants, represented by Matheson solicitors, consented to the settlement. The court adjourned the case generally and granted liberty to apply should the need arise. The mother had originally claimed she did not consent to the use of photos posted to Instagram in 2018, which were later found on commercial websites. While Amazon removed the images and took action against sellers, the mother alleged the image remained accessible on eBay, prompting the proceedings.

Who, what, where, when and why

What: Report matter: Girl settles action against eBay over alleged use of image. Procedural stage: hearing_or_decision

When:

• October 30, 2018 Adjournment
• 2020-09-10 Publication

Case subjects

Places mentioned

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Stage Hearing Or Decision

Read the original CNI report