HSE takes action over allegedly misleading pregnancy options website

The Health Services Executive has brought High Court proceedings against a man whom it alleges has set up a misleading website confusingly similar to the HSE’s crisis pregnancy freephone service “My Options”.

The HSE also claims Eamonn Murphy has established a website passing off the HSE’s “My Options” service.

It claims that, through a website entitled www.myoptions.website, Mr Murphy is inappropriately offering pregnancy scans, trying to convince women not to go ahead with abortions or berating those who have chosen to undergo a termination.

Late last year, the HSE secured a contract to run a freephone information and confidential counselling service, the first point of contact between it and the public.

The HSE website – myoptions.ie – went live late last year and the phone service commenced in January.

In its proceedings, the HSE says that, in recent weeks, it became aware of a website called www.myoptions.website.

It claims that website contains Mr Murphy’s phone number, promises a free ultrasound and had at one point hosted a video claiming a link between cancer and abortion. That video has been removed, it says.

Mr Murphy, with an address at Finglas Road, Dublin 11, is alleged to have registered the domain name shortly after the Minister for Health publicly announced the name of the HSE’s service.

The HSE claims Mr Murphy’s actions are not a coincidence, are leading to substantial confusion and damaging the goodwill and reputation of the HSE’s service.

It says women are finding the defendant when they intend to find the service operated by the HSE.

It claims the other website is also giving the impression Mr Murphy is offering services in connection with the HSE or that objective counselling and information services are being provided.

The HSE says it has called on Mr Murphy to either remove or rename the website but he has failed to do so.

It is seeking various orders, including restraining Mr Murphy or any other person acting under his control using the sign “My Options” or any other confusingly similar sign similar to the HSE’s mark “My Options” to denote pregnancy-related counselling or information services.

It also seeks an order directing Mr Murphy to transfer the domain name www.myoptions.website to the HSE and to immediately deliver up and destroy all stationery and promotional materials bearing the “My Options” brand.

When the matter came ex parte (one side only represented) before Ms Justice Leonie Reynolds at the High Court on Wednesday, the judge granted Michael Binchy BL, for the HSE, permission to serve short notice of the proceedings on Mr Murphy and returned the matter to Friday.