Gilroy seeks injunction over video by autism rights campaigner
Anti-eviction activist and one other claim Youtube video about supplement defames them
Ben Girloy: said the ‘false allegations’ have very serious implications for him and his reputation. Photograph: Dara Mac Donaill
Anti-eviction activist Ben Gilroy and another man have brought proceedings alleging they were defamed in a video posted on social media by a campaigner for the rights of children with autism.
Mr Gilroy and businessman Vincent Byrne of Ardgillan Close, Ardgillan Heights, Balrothery, Co Dublin have brought defamation proceedings against Fiona O’Leary whom they claim defamed them in a 13 minute Youtube video posted by her on June 23rd.
Ms O’Leary, a mother of five from west Cork denies the post contains any defamatory remarks about the two men.
Ms O’Leary, the court was told, campaigns against those advocating the use of a substance called Miracle Mineral Supplement, (MMS) which has been held out to be a cure for autism in children.
Ms O’Leary, who has acted as a witness for the authorities in prosecutions against those promoting the use of the substance, says MMS contains bleach and is harmful to anyone who consumes it.
In a pretrial motion before Mr Justice Senan Allen, Mr Gilroy wants injunctions requiring Ms O’Leary to take down the alleged defamatory video until the case has been decided. He claims the post wrongly links him to the use and promotion of MMS.
The court heard it is accepted by Ms O’Leary that Mr Gilroy did not engage in the use or promotion of MMS.
Representing himself, Mr Gilroy of Riverview, Athlumney Abbey, Navan, Co Meath said Ms O’Leary described the use of MMS as a form of child abuse. He said the “false allegations” have very serious implications for him and his good reputation.
He claims Ms O’Leary had named him in the post as being involved with a group called the “sovereign movement” which, she alleges, is involved in the promotion and use of MMS as a cure for autism.
Mr Gilroy said he is not a member of any such movement and nor has he anything to do with MMS.
Ms O’Leary denies the video is defamatory and opposes the injunction application, arguing it breaches her right to freedom of expression. She rejects all of Mr Gilroy’s assertions.
It is accepted Mr Gilroy did not engage in the use or promotion of MMS.
In September Mr Justice Tony O’Connor directed that Ms O’Leary either take down the Youtube post at the centre of the dispute or insert, either by a video clip or by text at the start of the video, material stating her acceptance that Mr Gilroy is not engaged in the use or promotion of MMS.
Ms O’Leary says she complied with that order by inserting the required text. Mr Gilroy says the video can still be seen on certain devices without the text. The hearing of the injunction application continues.