Courts / Kildare / Report

'Persons unknown' added to former TD's defamation proceedings

Date
2021-01-28
Stage
Hearing Or Decision
Primary locality
Celbridge
County
Kildare

Summary

The High Court granted former Fianna Fail TD Frank O'Rourke permission to add 'persons unknown' to defamation proceedings concerning social media posts made during the 2020 General Election. Ms Justice Leonie Reynolds issued the order, allowing O'Rourke to formally join unidentified individuals before the statutory 12-month limitation period expires. O'Rourke has previously obtained Norwich Pharmacal orders against Twitter International Company and Facebook Ireland Ltd to identify the posters. His counsel, Declan Doyle SC, argued that despite efforts to identify the Facebook poster, the individual remains unknown, and joining them as 'persons unknown' was necessary to preserve his right to sue. Facebook, represented by Rossa Fanning SC, raised no objections. O'Rourke alleges that wholly untrue statements posted in February 2020 were designed to cause professional damage during his campaign and a personal marriage breakdown. He claims these posts, which included defamatory remarks about his family and finances, negatively impacted his supporters in North Kildare. A tweet calling for voters not to support him was also cited. O'Rourke, who lost his North Kildare seat in the February election after finishing fifth, seeks to amend the proceedings' title once the alleged defamer's identity is established. The court noted the unusual nature of the application but found the justice of the matter favoured joining the unknown party.

Who, what, where, when and why

What: Report matter: 'Persons unknown' added to former TD's defamation proceedings. Procedural stage: hearing_or_decision

When:

Case subjects

Fianna Fail Td Frank

Applicant

General Election

Applicant

Places mentioned

Court Venue
  • The High Court
Residence
Secondary Mention

Topics

Stage Hearing Or Decision

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