JP McManus to take court action against Facebook
Multi-millionaire businessman and race horse owner JP McManus is to bring High Court proceedings against Facebook over the social networking website's alleged failure to take down a number of profiles purporting to be the Co Limerick native.
Today lawyers acting for Mr McManus, known for his sporting interests and charity work, served notice to the High Court to bring proceedings against Facebook Ireland due to their alleged failure to take down three identified Facebook sites.
It is understood that the Facebook profiles at the centre of the proceedings state they are "JP McManus" and contain photos of him. The social networking sevice and website has more than 600 million users worldwide.
Ms Justice Mary Laffoy granted Mr McManus short service, on an ex parte basis, to bring a motion seeking injunctions restraining Facebook from maintaining, facilitating or publishing the Facebook accounts and to take steps to close down and remove the Facebook Accounts identified.
In his proceedings Mr McManus (aged 60) is also seeking declarations including that the Facebook's alleged failure to remove the accounts identified is an unlawful breach of his constitutional rights protected by Article 40 of the Constitution.
He is also seeking a declaration from the court that the continued processing of personal data by maintaining the sites is a breach of the 1988 Data Protection Acts.
In addition, Mr McManus is also seeking damages for defamation, malicious falsehood, fraudulent misrepresentation, negligence and and breaches of his Constitutional Rights.
Moving the application Paul Gallagher SC for Mr McManus told the court that solicitors acting on behalf of his client had corresponded with Facebook in an attempt to have the particular Facebook sites identified taken down.
Counsel said that his client's representatives had gone through the appropriate channels and followed all the various steps asked of them in order to have the sites identified shut down.
However, earlier this month Mr McManus's lawyers got to a point where they were informed by Facebook to go back to the start of the process. As a result the profiles remained in being and his client wished to bring an injunction compelling Facebook to take action.
The Judge made the matter returnable to Monday.
