Defamatory posts about Michael Healy-Rae must be taken down, judge rules
A number of allegations on social media by a former Kerry general election candidate and activist about Michael Healy-Rae are to be taken down from social media and not repeated 'pending' trial of the matter, a court has ruled.
The application for 'an interlocutory order' involving around a dozen social media posts by Michelle Keane, of Knocknagoshel, including video recordings and monologues which Mr Healy-Rae claims defamed him was ruled on by Judge Ronan Munro on Thursday morning.
The statements concerned were defamatory, the judge ruled granting the interim order.
The judge said he did not wish to silence Ms Keane, who was in the same political arena, but anything said about Mr Healy-Rae had to be responsibly verified and balanced.
The ruling followed over an hour-long hearing of the motion on Wednesday at the Circuit Civil Court in Tralee.
Judge Munro said his ruling did not mean Mr Healy-Rae cannot be criticised or held to account. 'But you can't make statements about him that are not responsibly verified,' he told Ms Keane, representing herself.
'Belief, even intense belief, in truth of statements is not the same as truth,' the judge said.
Affidavits and 'a large volume of material', including page after page of social media comment, had been submitted in defence, the judge noted.
Evidence
Tere was no evidence of truth and the defence of honest opinion which had to be grounded on truth also fell, the court held during the hour-long ruling.
There was 'no attempt to distinguish between suspicion, allegations, and facts', and the posts were ' utterly lacking in balance', the judge said.
There was no attempt at reflecting the plaintiff's point of view, Judge Munro added.
'The order is based on evidence I have at this stage, pending full trial of the matter,' Judge Munro said.
The order wasn't to take down everything in relation to Michael Healy-Rae. It's only defamatory matters
Mr Healy-Rae complained in the court papers he received hate mail as a result of one of Ms Keane's posts of 'a fairly serious allegation', Judge Munro put it to Ms Keane. However, Ms Keane said Michael Healy-Rae was a public representative.
'He'd want to get over himself. I get hate mail. I don't go crying to mommy or daddy about it or to Kerry's Eye,' she responded to some laughter in court.
Michelle Keane, of Knocknagoshel, agreed to take down the posts pending trial. File Picture: Valerie O'Sullivan
She then held up a copy of this week's Kerry's Eye, stating she hadn't made page one or page three but made page six this week.
'She's in the same political arena, I am not going to make an order silencing her,' the judge told Mr Healy-Rae's counsel, Elizabeth Murphy.
Injunction
Mr Healy-Rae's injunction was sought under Section 33 of the Defamation Act 2009.
Ms Murphy, instructed by solicitor Dan O'Connor, told the court she was seeking 'an injunction to restrain publication of a most grave and serious nature'.
The barrister said she was seeking an order 'to remove all posts accusing her client of illegality or immorality, and to stop doing it'.
Michelle Keane agreed to take down the posts pending trial.
She also asked Judge Munro: 'I can comment about Michael Healy-Rae and it's true?'
Judge Munro said he had nothing against that, but cautioned her: 'Publish at your own peril. That's a rule for everyone.'
Judge Munro, who at one stage described Ms Keane as an intelligent woman, said: 'I choose to be optimistic Ms Keane will co-operate in this process in respect of the ruling.'
I know you don't agree. But I see you respect it
A draft of the order regarding specific posts to be removed is being made, and Ms Keane "could not say things in another guise".
She has seven days to take down the posts.
Costs normally follow the event. However, Judge Munro said he was adjourning this to see the full situation to late June when the matter comes before the court again.
Ms Keane said she is to appeal the matter to the High Court. Judge Munro said this was her right.
The media cannot publish the allegations as part of the order.
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