Dave Fanning sues website for using his picture in sex misconduct case about another broadcaster
Dave Fanning: Article makes seriously false and damaging claims about him.
RTÉ DJ Dave Fanning has launched defamation proceedings against a Hong Kong news site and Microsoft over the publication of his picture alongside an article stating that a different Irish broadcaster had gone on trial for alleged sexual misconduct.
The article was published by an online news network entity called BNN on October 11 last, accompanied by Mr Fanning's image, entitled "Prominent Irish Broadcaster faces trial over alleged sexual misconduct".
The defamatory article, which stated that the broadcaster's identity was being "withheld due to legal restrictions", and "faces trial for allegedly engaging in sexual activities with a child under 12", was also allegedly republished on Microsoft's News Service MSN on the same date as it had been published by BNN.
As part of the proceedings, the court heard it is believed at this stage that Mr Fanning's image may have been included with the article after an artificial intelligence (AI) programme used to collect and aggregate news stories failed to function properly.
Mr Fanning claims the article makes seriously false and damaging statements about him.
The trial in question had nothing to do with him, and related to another broadcaster, who was subsequently acquitted of all charges.
As a result, Mr Fanning has brought proceedings where he seeks damages for the alleged defamation.
The article, the court heard, was removed the day after it was published.
The court heard that the article is completely false, has wrongly suggested that Mr Fanning is a criminal, is a person of low moral standing, a danger to minors, is a paedophile, and has gravely damaged his reputation and good character.
Mr Fanning, represented by Garrett Cooney Bl instructed by solicitor Paul Meagher, plans to sue BNN, Microsoft Operations Ireland Ltd, and its US-based parent Microsoft Corporation.
As the defendants are both located outside of the EU, Mr Fanning required the permission of the High Court to serve the proceedings on them.
Counsel told the court that after an extensive search by Mr Meagher, his side has discovered that BNN is registered as a Non-governmental Organisation, founded by Mr Gurbaksh Chahal, located at the Prudential Tower, the Gateway Canton Road, Tsim Sha Tsui, Hong Kong.
On Monday, Mr Justice Cian Ferriter said that he was satisfied, on an ex-parte basis to allow Mr Fanning to serve the intended action on BNN.
However, there were certain issues he needed clarified in relation to the application regarding Microsoft's US-based parent.
The judge said he would like to know if there was any evidence the allegedly defamatory article was published on any MSN services outside of Ireland or in jurisdictions under the control of Microsoft's US parent.
The judge adjourned that aspect of the application for a week.
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