Posts about Healy-Rae to be taken down pending trial
A number of allegations on social media by a former general election candidate and activist about Kerry TD 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 six social media posts by Michelle Keane of Knocknagoshel, Co Kerry, including video recordings and monologues, which Mr Healy-Rae claims defamed him, was ruled on by Judge Ronan Munro this morning.
The statements concerned were defamatory, the judge ruled, granting the interim order.
The judge said he did not wish to silence Ms Keane but anything said about Mr Healy-Rae had to be responsibly verified and balanced.
The ruling followed an over-hour-long hearing of the motion yesterday 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 responsibility 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 comments, had been submitted in defence, the judge noted.
The judge had spent a number of hours reading the material.
However, there 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 ruling.
There was "no attempt to distinguish between suspicion, allegations and facts", and the posts were "utterly lacking in balance" and there was no attempt at reflecting the plaintiff's point of view, Judge Munro said of the posts.
"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 matter," Judge Munro said.
Mr Healy-Rae complained in the court papers that he received hate mail as a result of one of Ms Keane's posts of "a fairly serious allegation", Judge Munro said.
However, Ms Keane said Mr 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 said.
The judge said he did not want to silence Ms Keane, she had a right to speak provided it was responsibly grounded.
"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.
Mr Healy-Rae's injunction was sought under Section 33 of the Defamation Act 2009.
Ms Murphy, instructed by Killarney 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".
Ms Keane agreed to take down the posts pending trial. She also asked Judge Munro can she "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 said.
"I choose to be optimistic Ms Keane will cooperate in this process in respect of the ruling," he added.
"I know you don't agree. But I see you respect it," Judge Munro said.
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.
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