A woman whose teenage son died by suicide, who previously secured a High Court injunction restraining Gemma O’Doherty from harassing her, has brought a motion seeking to establish the identities of Twitter account holders alleged to have breached that order.
Edel Campbell’s lawyers have, as a result, asked the High Court for orders directing Twitter to disclose the identities and contact details of the operators and owners of three accounts on the social media platform - ‘@irishlightpaper’, ‘@cavandrugwatch’ and ‘@michaelmg3′.
Last month the court made orders in favour of Ms Campbell, who claims she has been the subject of a campaign of harassment by Ms Doherty.
Ms Campbell alleges the harassment is linked to proceedings she has brought against Ms O’Doherty over the alleged unauthorised publication of an image of the plaintiff’s late son on media associated with the defendant. She claims Ms O’Doherty has wrongly and unlawfully used the image of Diego Gilsenan in an article linking unexplained deaths to the Covid-19 vaccine.
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Inciting
She secured an injunction restraining Ms O’Doherty from harassing her or from publishing her and her late son’s images or confidential material. Ms O’Doherty is also restrained from inciting others to intimidate the plaintiff.
The court also made orders requiring Ms O’Doherty to remove any image of the plaintiff and her late son from media she owns or operates. The injunction is to remain in place pending the final outcome of Ms Campbell’s action against Ms O’Doherty, trading as The Irish Light.
Ms Campbell’s lawyers returned to court on Monday and told Mr Justice Brian O’Moore that three Twitter accounts have published statements allegedly in breach of the injunction. The statements on the accounts, which Ms Campbell suspects may be under the control of Ms O’Doherty, were published after the injunction was granted, the court heard.
Her legal team of David Kennedy SC, Paul Comiskey O’Keeffe BL, instructed by solicitor Ciaran Mulholland, wrote to Twitter seeking information about the account holders’ owners and controllers. Twitter said in reply that it could not furnish such information without a court order.
Ms Campbell, therefore, wants various disclosure orders against Twitter and Ms O’Doherty in respect of the three accounts. She also wants the court to order Ms O’Doherty to disclose whether she is the owner or controller of the accounts.
Mr Justice O’Moore granted the plaintiff permission to serve short notice of the motion on Twitter and Ms O’Doherty. The matter will return to court later this month.
Ms Campbell alleges Ms O’Doherty is the publisher of The Irish Light, a free periodical newspaper, and the publisher/editor of the website irishlightpaper.com.
Pleas ignored
Following Mr Gilsenan’s death in August 2021, it is claimed, Ms O’Doherty used his image in an article that wrongly stated he died due to the administration of the Covid-19 vaccine. Ms Campbell, from Kingscourt, Co Cavan, claims that despite making several pleas to Ms O’Doherty to cease using her son’s image, the defendant has refused to do so.
Ms Campbell claims the unauthorised and repeated use of the image amounts to harassment and breach of her constitutional rights, and has caused her emotional pain, suffering and harm.
Seeking the injunction, it was claimed that the defendant’s conduct towards Ms Campbell in social media posts became “exponentially worse” after the action was launched. It was also claimed that as a result of an alleged direct call for action by Ms O’Doherty, anonymous attack accounts have been set up on social media targetting Ms Campbell.
It is alleged Ms O’Doherty’s comments go outside the limits of what can be considered the right to freedom of speech.