Mc Keogh -v- John Doe 1 & Ors [2012] IEHC 95 (26 January 2012)

Mc Keogh -v- John Doe 1 & Ors [2012] IEHC 95 (26 January 2012)

The law requires justice to be administered in public, including identification of parties, and there is no right to anonymity or reporting restrictions in civil proceedings absent statutory provision or exceptional circumstances. Fair and accurate reporting of proceedings does not breach injunctions or constitute...

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Citation
[2012] IEHC 95
Parties
Plaintiff: Eoin McKeogh; Defendant: John Doe 1 (User Name Daithii4U); Defendant: John Doe 2; Defendant: John Doe 3 (Taxi Eire. Lefora. Com); Defendant: Facebook Ireland Limited; Defendant: Google Ireland Limited; Defendant: Google US; Defendant: YouTube; Defendant: YouTube, LLC; Defendant: Yahoo! UK Limited; Defendant: Crowdgather Inc; Third Party: Independent Newspapers (Ireland) Limited t/a The Irish Independent; Third Party: Independent Newspapers (Ireland) Limited t/a The Evening Herald; Third Party: Times Newspapers Limited; Third Party: Examiner Publications (Cork) Limited; Third Party: Independent Star Limited t/a Irish Daily Star; Third Party: The Irish Times
Jurisdiction
Ireland
Judgment Date
26 January 2012
Procedural Posture
Interlocutory Application in Defamation Proceedings / Application for Interlocutory Relief Against Third Party Media Organisations
Outcome
Application refused
Legal Topics
Right to Privacy, Right to Good Name, Open Justice, Reporting Restrictions, Effective Remedy, Freedom of the Press
Defamation Media Law Constitutional Law Human Rights Right to Privacy Right to Good Name Open Justice Reporting Restrictions +2 more

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Parties

Eoin McKeogh

Plaintiff

John Doe 1 (User Name Daithii4U)

Defendant

John Doe 2

Defendant

John Doe 3 (Taxi Eire. Lefora. Com)

Defendant

Facebook Ireland Limited

Defendant

Google Ireland Limited

Defendant

Google US

Defendant

YouTube

Defendant

YouTube, LLC

Defendant

Yahoo! UK Limited

Defendant

Crowdgather Inc

Defendant

Independent Newspapers (Ireland) Limited t/a The Irish Independent

Third Party

Independent Newspapers (Ireland) Limited t/a The Evening Herald

Third Party

Times Newspapers Limited

Third Party

Examiner Publications (Cork) Limited

Third Party

Independent Star Limited t/a Irish Daily Star

Third Party

The Irish Times

Third Party

Procedural Posture

Interlocutory Application in Defamation Proceedings / Application for Interlocutory Relief Against Third Party Media Organisations

Legal Issues

  1. 1 Whether third party media organisations are bound by interim injunctions restraining publication of defamatory material
  2. 2 Whether the plaintiff is entitled to anonymity or reporting restrictions in court proceedings
  3. 3 Whether fair and accurate reporting of proceedings constitutes a breach of injunction or defamation

Ratio Decidendi

The law requires justice to be administered in public, including identification of parties, and there is no right to anonymity or reporting restrictions in civil proceedings absent statutory provision or exceptional circumstances. Fair and accurate reporting of proceedings does not breach injunctions or constitute defamation. The plaintiff is not deprived of an effective remedy by refusal of the reliefs sought.

Court Disposition

Application refused