The High Court has awarded former Kildare footballer Brian Nolan €310,000 in damages over two Sunday World publications which falsely portrayed him as a major organiser of sex parties and linked him with the commercial sex trade.
The first article appeared in July 2012. It used photographs of Nolan taken at private parties alongside headlines and captions describing him as Ireland’s unofficial “King of the Swingers” and suggesting he helped organise parties around the country.
A second publication in March 2013 reused photographs of Nolan within a 12-page investigation dealing with prostitution, escorts, pimps and people offering sexual services for money.
Mr Justice O’Connor found there was no evidence that Nolan had organised the parties or was involved in prostitution, pimping or similar illegal activity. Nolan accepted attending four parties over about 18 months with his then partner, but the court accepted his explanation that he had not organised them and had attended with reservations.
The judge also criticised the newspaper’s use of Nolan’s decade-old money-laundering conviction and other criminal references which were unrelated to the parties. Nolan had pleaded guilty in 2002 and received a suspended sentence and fine.
The court found the publications caused extensive practical consequences. Nolan lost access to his children for a period, their names were changed when they moved school, he was shunned by extended family and ostracised in sporting and social circles. The judgment also records depression and suicidal ideation following publication.
The Sunday World did not plead truth in relation to the defamatory meanings identified by Nolan. The court rejected its public-interest justification and found the publications reckless and inadequately investigated.
Compensatory damages were assessed at €250,000, with a further €30,000 for aggravated damages and €30,000 punitive damages.
The court declined to make a separate award for privacy or breach of confidence, finding the defamation award adequately vindicated Nolan’s rights.