McManus Facebook injunction thrown out

A HIGH Court injunction application by JP McManus over fake Facebook profiles of him was struck out after a judge was told the pages had been taken down.

Separate proceedings by Mr McManus against Facebook for alleged breach of privacy will be heard later.

On Friday, Mr McManus’ lawyers got High Court permission to serve notice of injunction proceedings against Facebook. The court heard that representatives of Mr McManus had asked that three profiles claiming to be him be taken down, but that this had not been successful.

Yesterday, Paul Gallagher SC, for Mr McManus, told the court that lawyers for Facebook were prepared to give an undertaking that the pages and profiles will remain disabled pending the trial. The pages had been taken down, counsel said.

Cian Ferritter BL, for Facebook, said his client’s solicitors had written to Mr McManus’ lawyers setting out the undertaking, and that this was an offer strictly without prejudice.

Mr Justice Roderick Murphy struck out the injunction application and adjourned the matter for mention to Thursday when directions in relation to the main proceedings will be sought.

Mr McManus has sought declarations that Facebook’s alleged failure to remove the profiles was an breach of his right to privacy under the constitution and the 1988 Data Protection Act. He is also seeking damages for defamation, malicious falsehood, fraudulent misrepresentation and negligence.