Micheál Martin has been granted permission by the High Court to pursue legal action against Google, seeking the identification of individuals responsible for allegedly false and defamatory online advertisements using the name of the Tánaiste. Mr. Justice Mark Sanfey permitted Padraic Lyons SC, acting on behalf of Martin, to serve the proceedings on Google Ireland and its US parent, Google LLC, on short notice.
The relief sought includes compelling the defendants to disclose information about the identities behind false and deceptive websites that, via the Google platform, made serious allegations against Mr. Martin, who also serves as the Minister for Foreign Affairs and Defence. Although Google removed the ads due to violations of its ad policy, it insisted on a court order to reveal the requested information, citing “egregious violations” as a prerequisite for such disclosures.
Justice Sanfey, having reviewed the case, acknowledged Google’s reference to egregious violations involving bad actors using celebrity names in misleading ads. However, he questioned the three-month delay between the appearance of the ads and the court order application, particularly since Google had already acknowledged policy violations.
Mr. Lyons explained that the need to bring proceedings against both Google Ireland and Google LLC was clarified only on October 23rd. He emphasised the meticulous preparation of documents, considering the sensitive personal and political aspects of the underlying issues. Martin’s extensive international engagements in November, including trips to China, the Middle East, Brussels, and Luxembourg, further contributed to the delay.
Despite setting a return date of December 14th, Justice Sanfey highlighted the urgency of addressing the egregious conduct of those responsible for the advertisements. He also noted that the orders sought by Mr. Martin, including account details of the ad creators, deviated from typical identification order requests. Lyons argued that legal precedents supported the flexibility of such orders.
While expressing agreement with the urgency of the matter, Justice Sanfey cautioned that any points of contention between Martin and Google might not receive an early hearing date. He hoped for constructive engagement between the parties to minimise the need for extensive court time during subsequent proceedings.
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