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High Court

Woman seeks disclosure order against Gemma O'Doherty following alleged breach of injunction

Edel Campbell claims that O’Doherty has wrongly used the image of her son Diego Gilsenan in an article linking unexplained deaths to the Covid-19 vaccination.

THE MOTHER OF a teenager who died by suicide and who secured a High Court injunction restraining Gemma O’Doherty from harassing her has brought additional proceedings seeking to establish the identities of Twitter account holders alleged to have breached that order.

Edel Campbell’s lawyers have asked the High Court for orders directing Twitter to disclose the identities and contact details of the operators, controllers and owners of three accounts on the social media platform.

The three accounts are ‘@irishlightpaper’, ‘@cavandrugwatch’ and ‘@michaelmg3′.

Last month the court made orders in favour of Campbell, who claims she has been the subject of a campaign of harassment by O’Doherty.

Campbell claims that the harassment is linked to proceedings she has brought against O’Doherty over the alleged unauthorised publication of the image of her late son on media associated with O’Doherty.

She claims that O’Doherty has wrongly and unlawfully used the image of her son Diego Gilsenan in an article linking unexplained deaths to the Covid-19 vaccination.

She secured an injunction restraining O’Doherty from harassing her, or from publishing her and her late son’s images or any personal confidential material about them.

O’Doherty is also restrained from encouraging or inciting others to intimidate Campbell.

The court also made orders requiring O’Doherty to take down and remove any image of the plaintiff and her late son from any form of media that she owns or operates.

The injunction is to remain in place pending the final outcome of Campbell’s action against O’Doherty, trading as ‘The Irish Light’.

Campbell’s lawyers returned to court today and told Justice Brian O’Moore that three twitter accounts have published statements allegedly in breach of the injunction.

The statements on the accounts, which Campbell suspects may be under the control of O’Doherty, were published after the injunction was granted by the High Court.

Campbell’s 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.

In reply Twitter said that it could not furnish such information in the absence of a court order.

As a result, Kennedy told the court, his client was seeking various disclosure orders against Twitter and O’Doherty in respect of the three accounts.

His client was also seeking an order from the defendant directing her to disclose whether she is the owner, operator or controller of the three accounts.

The judge granted the plaintiff permission to serve short notice of the motion on Twitter and the defendant.

The matter will return before the High Court later this month.

Last May Campbell launched a High Court action aimed at restraining O’Doherty, trading as ‘The Irish Light’, from using or publishing the image of Campbell’s late son for any purpose without the plaintiff’s consent.

The plaintiff claims that O’Doherty is a journalist and the publisher of The Irish Light, a free periodical newspaper, and the publisher of its website.

Following Diego Gilsenan’s death in August 2021 it is claimed that O’Doherty used the image of the plaintiff’s son in an article which it is claimed wrongly stated that he died as a result of the administration of the Covid-19 vaccination.

Campbell, from Kingscourt, Co Cavan, claims that despite making several pleas to O’Doherty to cease using her son’s image, the defendant has allegedly refused to do so, and has denied that the use of the image is unethical.

Campbell claims that the unauthorised and repeated use of her son’s image amounts to a 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 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 O’Doherty anonymous attack accounts have been set up on social media targetting Campbell.

It was further claimed that a lot of the material posted by the defendant, O’Doherty, in online lectures and talks about Campbell has adversely affected the plaintiff’s health.

It is alleged that O’Doherty’s comments go outside the limits of what can been considered the right to freedom of speech.

O’Doherty was asked to stop using the picture of Campbell’s son, which it is claimed was taken from RIP.ie used without consent.

However, the defendant had refused to do so.

Author
Aodhan O Faolain