Online ads employing the likeness of Tánaiste Micheál Martin, that have been flagged as fraudulent, are deemed to have been concocted in Belarus and Russia. Martin, as the head of Fianna Fáil, has been making strides to uncover the creators of these adverts, whilst laying out the government’s agenda to revamp the defamation laws in Ireland.
At present, individuals who desire to know the real individuals behind slanderous online advertisements or social media posts must acquire a High Court order compelling internet firms to surrender such information. With the proposed changes to the defamation laws in Ireland, cases like these could be assigned to the Circuit Court, which would have the authority to issue a Norwich Pharmacal order directing tech firms to disclose the necessary details.
Martin recalled his personal encounter with such an event, expressing how exceedingly difficult it can be for average citizens to locate the online originators of defamatory content. Last year, Martin launched a High Court lawsuit against Google, with the aim of obtaining details about individuals who disseminated counterfeit adverts about cryptocurrency, displaying his image, across authentic websites. Google complied with the order and subsequently furnished the relevant information.
According to Martin, the fraudulent adverts seem to be stemming from Belarus and Russia, where, he believes, stolen credit cards were employed to finance the ads. Despite having obtained a High Court order, Martin has written to Google again for further elaboration on its future course of action, as the current revenue generating model is viewed as unacceptable. Martin noted the extensive challenges faced in determining who funded the adverts, even with the High Court order in place. Following Google’s cooperation and substantial documentation received, forensic examination had to be employed in order to uncover those who financed the fake ads.
In response to whether his criticism of Russia’s attack on Ukraine could have led to him being targeted, he was uncertain. stating, “I can’t give a definitive statement on that matter.” In a separate event, false advertisements portraying Mr. Martin were broadcasted on the X social media channel in the lead-up to the familial and care referendums that unfolded earlier this year.
Moreover, Mr. Martin mentioned the absence of co-operation from X who had an array of fraudulent adverts relating to him and others prior to the referendum. Nonetheless, Google decided to remain silent on the issue.
The proposed Defamation (Amendment) Bill will be presented to the Oireachtas in the autumn season. A major aim of the plan to eliminate juries for High Court defamation cases is to mitigate the chances of excessive damage awards.
NewsBrands, an association for Irish news publishers, hailed the Bill. Ann Marie Lenihan, its CEO, said that the reforms would result in lowered expenses for news publishers, costs that posed serious threats to investigative journalism’s very sustainability and were stifling the reporting on public interest issues.
She expressed her dissatisfaction about the absence of a “serious harm test” suggested by NewsBrands in the proposed Bill and urged a reevaluation. This test, already implemented in England and Wales, would necessitate that claimants demonstrate from the onset that the supposed defamation might cause significant damage to their reputation.