POLITICS

Garda who featured in allegedly defamatory Youtube video to receive details on poster from Google

Garda who featured in allegedly defamatory Youtube video to receive details on poster from Google


(stock photo)
(stock photo)

Internet giant Google has agreed before the High Court to provide a garda with information it has about the person who posted an allegedly defamatory Youtube video.

The garda, who can’t be identified for legal reasons, says he features in the video, which is more than three minutes long, which was recorded at a public order incident in 2016 when he and other members effected an arrest.

He claims the video commentary wrongly accuses him of kicking a minor in the head. The audio on the clip did not match and does not reflect the images displayed in the video. 

His solicitors have tried to make contact with the person who posted the video clip on Youtube calling for it to be taken down.

His lawyers were unable to determine the identity of the poster is or what that person’s address is. ThegGarda also asked Google, which owns Youtube, to take down the video.

When this did not occur he initiated High Court proceedings and last year he obtained a temporary  orders directing the defendant to take the video down.

That order was subsequently replaced by an undertaking in the same terms by Google.

The Dublin based garda, represented in court by Ken Fogarty SC and John Morrissey Bl, had sought various order including a permanent injunction requiring Google LLC to remove the video from Youtube.

He also sought orders directing Google to deliver up the identity of the person who posted the video, and all other relevant contact information and details within its power and control.

The case, including a number of pretrial motions, came before Mr Justice Senan Allen.

Following talks between the parties on Thursday, Google consented to an order where it will disclose information it has concerning the identity of the alleged poster of the video.

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The court heard that the parties had also agreed that the injunction proceedings would be discontinued and could be struck out against Google, but will continue against the person who posted the video.

The sides also agreed that the court could make no order as to costs of the proceedings.

Mr Justice Allen welcomed the agreement reached between the parties.

The Court had heard that the commentary on the allegedly defamatory video wrongly accuses the garda of having “assaulted that young fella,” that he is “after kickin the head off him”  and the Garda has been ” boot’n him.”

The statements on the video, the garda says, are unfounded and without substance.

He was informed of the video by several of his colleagues after it was posted received almost 40,000 views and dozens of comments.

Online Editors


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