Denis O'Brien seeks damages from Meta for defamation over 'false and malicious' ads

He argued that online advertisements breach his rights to privacy, and his good name, his rights under GDPR and his property rights

He intends to bring his proceedings against the parties behind the adverts as well as Dublin-based Meta Platforms, which is the social media giant's European headquarters.  File photo: Leah Farrell/RollingNews.ie

Businessman Denis O'Brien has sought High Court orders requiring tech giant Meta to provide him with information about those behind allegedly "false and malicious" advertisements containing his name and image that have been posted on its platforms.

Mr O'Brien claims that since last August his name and image have been used in a series of fake adverts that he said is a “clear campaign to promote dubious financial schemes including cryptocurrency investments" to users of the social media platform's services via Meta Ads.

The former media tycoon said he has nothing to do with these schemes advertised on the Facebook and Instagram platforms and does not know who is behind the large number of adverts that have been posted. He also claimed that the adverts are defamatory of him, and that "the scale of the problem is large".

Some of the ads in question show footage of manipulated and merged interviews of Mr O'Brien, and include statements that he never made about various products and services he has nothing to do with.

He argued the advertisements breach his rights to privacy, and his good name, his rights under GDPR and his property rights.

As a result, he seeks damages for defamation, malicious falsehood, unlawful appropriation of his property, passing off, and for various alleged breaches of the Data Protection Laws and his constitutional rights.

He intends to bring his proceedings against the parties behind the adverts as well as Dublin-based Meta Platforms, which is the social media giant's European headquarters.

The fake ads, he claims, breach EU law on fraud and deception, spam, and in relation to the integrity and authentic identity of account holders.

He also seeks injunctions restraining the further publication of statements about him through the Meta Ad tool, and orders preventing his name and image being linked or connected to any endorsement of any financial product or service or cryptocurrency trading product without prior notification to the businessman.

Norwich Pharmacal order

As part of his claim, Mr O'Brien seeks an order known as a Norwich Pharmacal order. This order requires Meta's Irish subsidiary to provide the plaintiff with all the information it has in its possession that will assist him in identifying those who have placed and paid for the adverts on Meta platforms.

The information sought includes the full names of those who have paid for and have placed the adverts, their email addresses, phone numbers, physical addresses, the date, time and IP addresses of all the login and logouts for each of the relevant accounts, and details of the payment methods linked to the relevant accounts.

Mr O'Brien's representative by Paul O'Higgins SC, appearing with Anna Shanley Bl instructed by Meaghers Solicitors, said that there has been some correspondence with Meta and his client over the matter. Meta had agreed to provide his client with certain limited basic identifying information, provided that the court granted the order sought.

Counsel said it is part of Mr O'Brien's claim that Meta is not properly complying with a regulation contained in an EU Directive, which came into being last February, that requires it to clearly identify the natural and legal persons on whose behalf the adverts were placed.