Businessman uses anti-stalking laws to gag press revelations

Tom Tuite

A businessman has used anti-stalking laws to secure an interim restraining order gagging two journalists from publishing revelations about him or mentioning his family.

The man, who claims to be in "genuine fear", cannot be named because all parties in the proceedings must be anonymised.

They were initiated on Wednesday at Dublin District Court without notice to the two national news outlets.

The applicant, representing himself, sought a temporary civil restraining order against two named journalists in separate media organisations.

The ex-parte application was made under legislation introduced last year, aimed at protecting victims of harassment or stalking by a non-partner or family member.

Moving his application, he alleged that one of the journalists knew his ex-partner. Asked by the judge what had provoked him to come to court seeking this order, he replied that one reporter was about to publish an article about him, which would probably include a reference to family members or his partner.

Quizzed if this was causing him fear, he replied, "Absolutely, yes," claiming that the content was malicious.

He said the journalist would likely put family members' names in the articles.

Asked by the judge if it caused genuine fear, he repeated yes. No further specific information about the details of the proposed article was mentioned.

Judge Halpin stressed that he would have to hear both sides but noted the man claimed he was in genuine fear about the prospective publication of an article.

The man maintained the second journalist had been "stalking, harassing me for years".

Questioned on whether there had been a recent incident, the man claimed one journalist contacted his partner two days ago asking if they were in a relationship and had written negative articles previously.

He asserted that he believed an article would appear this week; it put him in "massive fear", and he claimed it would affect his whole career.

Judge Halpin told him the civil restraining order legislation was relatively new and was introduced by the previous justice minister as a remedy for certain people who were in genuine fear or threatened, and the behaviour must not be trivial.

The judge said if the applicant maintained an article would damage him professionally and personally and affect his family, and he harboured a genuine fear in that regard, he was inclined to grant the interim civil restraining order.

Drafting it, he stated that the respondents should not print, write or distribute any article referring to the man directly or indirectly, pending the hearing of this application.

He said the court would hear both sides at the full hearing.

The man, who represented himself, expressed that he was entitled to legal aid. However, the judge informed him that it did not apply to this type of application, and the man was entitled to use a solicitor but would have to pay himself.

Judge Halpin specified that the interim order was for the two named journalists and gardaí would serve it on both.

The judge expected it would be fully contested and the hearing would last a full day and must be held soon. April 16th was scheduled, and the outcome can be appealed to the Circuit Court.