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Saturday 4 February 2023 Dublin: 9°C
Thibaut Durand via PA
# barbara j pym
Judge makes disclosure orders in defamation action against Eoghan Harris over Twitter posts
The journalists claim that they have been the subject of many defamatory tweets.

THE HIGH COURT has ordered Twitter to provide two journalists with details about certain accounts that published allegedly malicious and defamatory posts about them.

Arising out of the tweets, which were posted on various dates between 2020 and 2021, reporters Aoife Moore and Allison Morris have brought High Court actions, including defamation proceedings against Twitter International Company and the former Sunday Independent columnist, Eoghan Harris.

He denies the claims, while Twitter says it does not want to be involved in the dispute between the two reporters and Mr Harris.

In a judgment in a pretrial issue today, Mr Justice Mark Sanfey ruled that Ms Morris of the Belfast Telegraph and Ms Moore of the Sunday Times Newspaper were entitled to disclosure orders in respect of a Twitter account with the Barbara J Pym handle.

Ms Morris was also entitled to a disclosure order in respect of another account, ‘Northern Whig’ she claims posted defamatory comments about her.

However, the judge said that he was not prepared to make any disclosure orders in respect of another account called ‘Dolly White’ or in respect of any retweets of any of the allegedly defamatory material.

The journalists claim that they have been the subject of many defamatory tweets published by the accounts to bring these proceedings in order to vindicate their good names and professional reputations.

The tweets, they claim, have wrongfully and maliciously stated that the reporters are biased and are supporters of the Provisional IRA and Sinn Fein.

 As part of their actions, they sought orders, known as ‘Norwich Pharmacal’ orders, requiring Twitter to make disclosure of the identities of persons, who controlled, or used,  accounts, including the Barbara J Pym and Dolly White accounts.

IP addresses, e-mail addresses, log-in times sought

Ms Morris also sought disclosure orders in relation to another account @whignorthern, which she claims also posted defamatory comments about her.

The information sought includes IP addresses, telephone numbers, e-mail addresses and any other contact details of persons they claim are associated with those particular accounts.

They also seek details of log-in times from when the posts complained of were published. 

They also want twitter to give the names and contact details of other twitter account holders who they claim republished or retweeted any of the allegedly defamatory material posted by Barbara J Pym account and other allegedly linked accounts.

Twitter, which claims that it is not part of the defamation row, had opposed their application on the grounds that the precise nature of the orders sought are burdensome, unnecessary, onerous and beyond the scope of what disclosure orders normally allow.

It suggested that the court make an alternative order, containing a formula of words which it would neither oppose nor consent to, regarding the disclosure of details concerning the accounts in question.

The reporters’ lawyers opposed Twitter’s position and argued that given the strong cases they have they should be granted the precise orders they sought.

Mr Harris also opposed the applications for disclosure orders against him.

He accepts that he alone is behind the Barbara J Pym account. but says he has nothing to do with @whignorthern.

Dolly White

Mr Harris’s wife Gwen Halley had control of the ‘Dolly White’ account; the court heard.

The reporters, represented by Tom Hogan SC, sought the disclosure orders because they believe that several persons may have either contributed to the accounts which posted the material about them

If others were involved, they may seek to join any such persons to their defamation actions.

They claim that Mr Harris’s contention that he alone controlled the Barbara J Pym account contradicted earlier statements and comments made by him in an interview with RTE radio, when he said that other, unnamed persons had contributed to the account.

In his judgement Mr Justice Sanfey said that he was satisfied that the evidence justified granting the reporters disclosure orders to determine the identity of the alleged wrongdoers.

The judge said while he had no view as to whether the tweets identified are defamatory, he was prepared to grant the reporters disclosure orders against Twitter in respect of the ‘Barabara J Pym’ account.

The judge said he was also prepared to grant Ms Morris a disclosure order against Twitter in respect of the ‘Northern Whig’ account.

The information to be disclosed by Twitter in respect of those accounts, the judge added, includes screen names, email and IP addresses of logins, telephone numbers provided by the user at the time the accounts were registered.

The court did not consider that there was sufficient evidence to warrant disclosure orders against the defendants in respect of tweets posted on the ‘Dolly White’ account, nor in respect of any retweets from any of the named accounts.

The judge said he had no view to the veracity of Mr Harris’s claim that he was the only person that ever-had access to or published on the Barbara J Pym account, other than to note that there were public statements by him that “could reasonably be viewed as to contradicting it.”

The judge said that the disclosure order against Twitter could produce information that may entirely vindicate Mr Harris’s position regarding the Barbara J Pym account.

Disclosures

It was, the judge added, appropriate to make disclosure orders regarding Twitter only and await the outcome of that process before deciding if the court should make any such order against Mr Harris.

“If that process does indeed indicate definitively that Mr Harris’ position is correct, no further disclosure by Mr Harris in respect of the Barbara J Pym account will be necessary,” the judge said.

The judge said he was adjourning the balance of the applications against Mr Harris, with permission to return before the court, so the parties can consider their respective positions once the disclosure process has been completed.

The judge also rejected a limitation of 60 days proposed by Twitter as being unrealistic and arbitrary.

Given the limited scope of the overall orders being made the judge said that he considered that the limitation of information from the dates of the first allegedly defamatory tweets, which commenced in dates in 2020 and concluded up to 13 months later in 2021 was appropriate.

There was no evidence put before the court to suggest that this range of information would be unduly onerous or burdensome for Twitter., he said

The judge said he would require an undertaking from the plaintiffs that the information furnished would not be used for any purpose other than seeking redress for the wrongs alleged.

The plaintiffs must also pay Twitter’s costs of the applications, he said.

Author
Aodhan O Faolain