Calls to criminalise ‘untrue’ web claims

A High Court judge has called on the Government to introduce legislation making it a criminal offence to post “patently untrue” allegations against any person on the internet.

The comments were made by Mr Justice Michael Peart, who granted solicitor Damien Tansey various orders effectively terminating the operation of rate-your-solicitor.com.

Mr Tansey, represented by Richard Humphreys SC, brought defamation proceedings arising out of comments posted about him, against John Gill and Ann Vogelaar, who, the court heard, were running the site, as well as the internet service provider hosting the website.

Both Mr Gill and Ms Vogelaar denied the claims against them, and opposed the making of the orders.

In his ruling, the judge said he was satisfied to grant mandatory injunctions, pending the full hearing of the action, against Mr Gill, of Drumline, Newmarket-on-Fergus, Co Clare, and Ms Vogelaar, of Parklands, Westport, Co Mayo, requiring them to terminate the operation of the website.

They were also ordered to remove various material posted about Mr Tansey on the website and refrain from publishing further defamatory material about him, to deliver the names and addresses of all those involved in the posting of defamatory material on the website, as well as details about those who operated the site.

Mr Tansey also obtained similar orders against Dotster Inc, a US-based firm which, it is claimed, provides internet services to those hosting the website.

The judge said in the absence of any defence being put forward by Dotster he was further satisfied to grant judgment against it.

The level of damages awarded to Mr Tansey is be assessed at the full hearing of the action.

Mr Justice Peart said he had no hesitation in making the orders as he was “entirely satisfied” that the material complained about “was seriously defamatory of Mr Tansey”.

The judge said he was also satisfied from submissions made by Mr Gill that any defence he put forward at trial had no reasonable prospect of succeeding.

In calling for a change to the law the judge said the internet has facilitated an easy, inexpensive and instant means of “allowing unscrupulous persons or ill-motivated malcontents to vent their anger and grievances against people, where their allegations are patently untrue, unreasonable and unjustified”.

“Anything can be said publicly about a person or any aspect of their life with relative impunity, and anonymously where reputations can be instantly and permanently damaged.”

He said “serious distress can be caused” to adults and children, and that in “extreme cases” such damage “can lead to suicide”.

The judge said that “so serious is the mischief” on the internet that “in my view the Oireachtas should be asked to consider the creation of an appropriate offence under criminal law, with a penalty upon conviction to act as a real deterrent to the perpetrator”.

“The civil remedies currently available have recently been demonstrated to be an inadequate means of prevention and redress,” said Mr Justice Peart.

Mr Gill and others were not entitled to “take the law into their own hands by publishing whatever defamatory accusations and allegations against Mr Tansey and others”, the judge said.

The matter was adjourned to a date later this month.