MULTIMILLIONAIRE businessman and race horse owner JP McManus has brought High Court proceedings against Facebook Ireland over the social networking website’s alleged failure to take down a number of profiles purporting to be Mr McManus.
Lawyers for Mr McManus yesterday secured permission from Ms Justice Mary Laffoy to serve short notice of injunction proceedings against Facebook Ireland over alleged failure to take down three identified Facebook sites.
It is claimed the Facebook profiles at the centre of the proceedings state they are “JP McManus” and contain photos of him. The social networking service and website has more than 600 million users worldwide.
Ms Justice Laffoy granted Mr McManus leave, on an ex parte basis (one side represented), to serve a motion seeking injunctions restraining Facebook maintaining, facilitating or publishing the Facebook accounts and requiring it to take steps to close down and remove the Facebook accounts identified.
In his proceedings, Mr McManus (60) alleges Facebook’s alleged failure to remove the accounts identified is an unlawful breach of his rights under Article 40 of the Constitution. He is also seeking a declaration the continued processing of personal data by maintaining the sites is in breach of the 1988 Data Protection Acts.
Mr McManus is also seeking damages for defamation, malicious falsehood, fraudulent misrepresentation, negligence and breaches of his constitutional rights.
Paul Gallagher SC, for Mr McManus, said solicitors for his client had corresponded with Facebook in an attempt to have the particular profiles identified taken down.
