A court refused to impose restrictions on the identity of a child involved in a personal injuries case after being told such restrictions would have massive ramifications for the media, the public and democracy itself.
Lawyers for an 11-year-old boy injured on a school bus while returning from a day trip had asked the Circuit Civil Court to ban publication of his name and address, saying it could lead to his vilification on social media.
Barrister John Nolan told the court that his solicitor had uncovered previous online intimidation of other minors after details of personal injury cases in which financial settlements had been approved for them were published in the media.
But barrister Shane English, appearing for media group Mediahuis Ireland, told Judge James O'Donoghue he was being asked to grant an injunction-type order restraining something that may or may not occur in the future and no court in the land would make such a direction.
Mr English said the application to restrain publication of the parties’ identity was completely unmeritorious and being sought without a shred of evidence.
Mr Nolan told the court no malicious comment had as yet appeared anywhere on Facebook, Twitter or TikTok but his legal representatives feared malevolent comment would happen as soon as newspapers and other media identified the child who was only five at the time of his injury.
He said that under the Courts and Civil Law (Miscellaneous Provisions) Act 2013 the court had jurisdiction to impose the ban being sought if a court was satisfied it was necessary to preserve the anonymity of a party to a proceedings or any child to whom it related.
"The identities of previous victims of malicious harassment on social media comment were obviously gleaned from newspaper articles," he said.
Mr English told the judge his court had no jurisdiction to ban publication of the names and addresses of any or all parties in a minor’s personal injury claim. There had not been a shred of evidence put before the court that what was anticipated would happen in the future, he argued.
He said the court had been misdirected on the law and that the legislation referred to by the other side, related only to legislation covering family law.
Mr English told the court there was no provision in law for anonymity in personal injury actions and the court was being asked to police the internet.
Judge O’Donoghue, refusing Mr Nolan’s application, said that if it were to succeed every infant personal injury case before the court could not be fully reported.
He approved a €25,000 settlement offer in the proceedings brought by Claire Rossiter, Highland Grove, Cabinteely, Co Dublin on behalf of her son, Aaron, against St Brigid’s School, Mart Lane, Foxrock, Dublin 18, and Finnegan-Bray Ltd and Old Court Motor Services Ltd trading as Ridgway Coaches.
