Student withdraws appeal in YouTube video case

A student has withdrawn his Supreme Court appeals against various newspapers arising from reports on his dispute over a YouTube video clip falsely accusing him of evading a taxi fare in Dublin at a time when he was in Japan.

Student withdraws appeal in YouTube video case

A separate appeal by Google, YouTube and Facebook against an injunction granted to Eoin McKeogh, of Donadea, Co Kildare, requiring them to permanently remove the internet clip will proceed before the Supreme Court next week.

At the Supreme Court yesterday, Tom Murphy, counsel for Mr McKeogh, said his client was, on consent, withdrawing appeals against High Court costs orders made in favour of various media after Mr McKeogh lost an application for anonymity in media reports of his case.

Those appeals were being withdrawn on consent of the various media outlets not to execute the costs orders, Ms Justice Susan Denham was told. The six media outlets involved in the appeals are Independent Newspapers (Ireland) Ltd, trading as the Irish Independent; Independent Newspapers (Ireland) Ltd, trading as the Evening Herald; Times Newspapers Ltd; Examiner Publications (Cork) Ltd; Independent Star Ltd, trading as the Irish Daily Star; and Irish Times Ltd.

Mr McKeogh was also withdrawing other proceedings over alleged libel against two media outlets, Independent Newspapers (Ireland) Ltd and Examiner Publications (Cork) Ltd, the judge was told.

Next week’s separate appeal by the internet firms will address issues concerning interpretation of the E-Commerce Directive 2000/31/EC and the Irish regulations implementing that directive. Those issues essentially centre on whether internet hosting sites may be sued over defamatory material posted on them but other issues concern whether the companies have a responsibility to monitor their sites for such material.

The three internet companies are appealing against a High Court interlocutory injunction requiring them permanently remove the YouTube video clip. A stay applies on that injunction pending the outcome of their appeals but interim orders remain in place preventing any republishing of the material.

Mr McKeogh was granted the interlocutory order in May 2013 after Mr Justice Michael Peart made the order on foot of his earlier finding the video was defamatory as the student was not the person in it.

A full hearing of Mr McKeogh’s action for damages and other orders arising from the clips remains on hold pending the companies’ appeal.

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