RTÉ DJ Dave Fanning has launched defamation proceedings against a Hong Kong news site and Microsoft over the publication of his picture alongside an article stating that an Irish broadcaster had gone on trial for alleged sexual misconduct.
The article was published by an online news network entity called BNN on October 11th last accompanied with Mr Fanning's image, entitled "Prominent Irish Broadcaster faces trial over alleged sexual misconduct."
The defamatory article, which states that the broadcaster's identity was being "withheld due to legal restrictions", "faces trial for allegedly engaging in sexual activities with a child under 12" was also allegedly republished on Microsoft's News Service MSN on the same date as it had been published by BNN.
Mr Fanning claims the article makes seriously false and damaging statements about him.
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 he 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.
As a result Mr Fanning, represented by Garrett Cooney Bl instructed by solicitor Paul Meagher, wants to sue 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 Meagher his side have discovered that BNN is registered as a Non-governmental Organisation, founded by a Mr 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 (AI) programme used to collect and aggregate news stories failed to function properly.
On Monday 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 there were certain issues he needed clarified 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 evident the allegedly defamatory article was published on any MSN services outside of Ireland or in jurisdictions under the control of Microsoft's US parent.
The judge adjourned that aspect of the application for a week.
