DAVE SUES OVER WRONG PIC IN SEX TRIAL STORY
Fanning claims online article falsely linked him to child abuse activity
DAVE Fanning is suing a news site and Microsoft over the publication of his picture alongside an article saying an Irish DJ was on trial for alleged sexual misconduct.
The article, written by a Kasturi Chakraborty, was published by online Hong Kong registered news network BNN on October 11 last year.
The article entitled “Prominent Irish Broadcaster faces trial over alleged sexual misconduct” was accompanied by Mr Fanning’s image,
The article claimed that the broadcaster’s identity was being “withheld due to legal restrictions” and that he “faces trial for allegedly engaging in sexual activities with a child under 12”.
The article was also allegedly republished on Microsoft’s News Service MSN on the same date as it had been published by BNN.
Mr Fanning claims that the article make seriously false and damaging statements about him.
In defamation proceedings he said the trial in question had nothing to do with him and related to another broadcaster, who was subsequently acquitted of all charges.
As a result Mr Fanning has brought proceedings where he seeks damages for the alleged defamation.
The article, the court heard, was removed the day after it was published.
The court heard that the article is completely false, has wrongly suggested that Mr Fanning is a criminal, is a person of low moral standing, a danger to minors, is a paedophile and has gravely damaged Mr Fanning’s reputation and good character.
Mr Fanning is suing BNN, Microsoft Operations Ireland Ltd and its Us-based parent Microsoft Corporation.
As the defendants are both located outside of the EU, Mr Fanning required the permission of the High Court to serve the proceedings on them. Counsel told the court that after an extensive search by Mr Fanning’s legal team his side have discovered that BNN is registered as an non-governmental organisation, founded by a Gurbaksh
Chahal, located at the Prudential Tower, the Gateway Canton Road, Tsim Sha Tsui, Hong Kong.
Counsel said that at this stage of the proceedings it is believed that Mr Fanning’s image may have been included with the article after an Artificial Intelligence programme used to collect and aggregate news stories failed to function properly.
Yesterday Mr Justice Cian Ferriter said that he was satisfied, on an ex-parte basis, to allow Mr Fanning serve the intended action on BNN.
However, he said there were certain issues in relation to the application regarding Microsoft’s US based parent which the court wanted clarified.
The judge said he would like to know if there was any evidence that the allegedly defamatory article was published on any MSN services outside of Ireland or in jurisdictions under the control of Microsoft’s US parent.
He adjourned that aspect of the application for a week.