Belfast-based soccer club Glentoran FC and its manager Michael McDermott have secured a High Court order requiring Twitter to disclose certain details about an account that has allegedly been posting defamatory material about them.
The club and Mr McDermott claim that the account “@AngryRooster82″ has posted highly “distressing and offensive” material that is untrue and that is damaging and undermining the reputations of the NIFL Premiership team and its manager.
The High Court heard that the material posted on the account wrongly and falsely suggests that the plaintiffs are involved in “improper and illegal dealings”, are “corrupt,” are not fit to be involved with the league, and “espouse homophobic views.”
Twitter did not oppose nor consent to the making of the orders which were granted during Thursday’s vacation sitting of the High Court by Ms Justice Eileen Roberts.
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Its counsel, Rossa Fanning SC, said that its position on this or any similar type of application should not be taken as implicit support for the orders sought.
Counsel added that Twitter, whose European HQ is in Dublin, supports the freedom of expression and the protection of its users’ privacy and data protection rights as enshrined in the ECHR and GDPR.
Twitter, he added is an important medium for social and political disclosure and the risks of users being identified and suffering negative consequences as a result must be taken into account when applications like this are being considered.
Glentoran and Mr McDermott, who are represented by Niall Buckley Bl instructed by solicitor Paul Tweed, had sought what is known as a Norwich Pharmacal Order against Twitter, which requires the social media firm to provide them with the names of anyone using the account.
The details being sought included the IP address associated with the account, as well as device data, email and postal addresses and phone numbers associated with the account.
Mr Buckley said that his clients do not know who is behind the account, which makes reference to a rooster, which is contained on the Belfast club’s crest and logo.
The plaintiffs fear that unless they obtain this information from Twitter, they fear that the posts and the malicious campaign against them may continue, and they may wish to take further action against any one behind the account.
Most of the posts complained about appeared in May and June of this year, counsel said.
After corresponding with Twitter, when his clients asked for the account to be suspended, counsel said than a form or a partial order has been agreed between the parties.
Twitter will provide his clients with basic subscriber information they had sought in relation to the account, and when the account was registered.
Counsel said that as part of the agreed order with Twitter is that it will only provide IP address information relating to the account when it was registered for the last 60 days.
Twitter had said that for technical reasons it would be difficult for it to go back beyond the 60-day look back period, counsel said.
Counsel said that the 60-day period maybe sufficient for his client’s needs.
Given that many of the posts complained about were made in June and May of this year, which puts them outside of the 60-days, his client may have to return to the courts to seek an extension, counsel said.
Ms Justice Roberts said she was satisfied to grant the orders sought and adjourned the matter in case the plaintiffs need to return to court for further orders to a date in October.