Last year we highlighted particular cases of the internet being used as an instrument of defamation and hatred against writers and publishers. Before I provide an update on one of those civil cases, let me reflect back on a posting from November 2010.
Some of you may remember me earlier this year highlighting the appalling online smear campaign prosecuted on Michael N. Marcus of Able.com and Silver Sands Books. It was a harrowing experience for Michael and his family and demonstrated how easily someone can use the Internet through services like Google Blogger, Facebook and other social networking resources to incite hatred, suggest and imply sexual and illegal impropriety, besmear, defame and ultimately attempt to destroy a person and their business solely on the basis of a deep dislike or difference of opinion. The worse practice of this is often perpetrated by those who have no actual direct link, practical or imagined loss, to the actions of the person targeted.
The latest campaign has begun against Stephen Manning of Checkpoint Press and bears the remarkable hallmarks of the one conducted against Michael N. Marcus earlier this year; suggested impropriety against underage women, business malpractice, defamation of character; and again showing an unhealthy obsession with the person targeted. Like the Marcus case, once again, serious accusations are made without any concrete foundations being provided.
The current Facebook page making these allegations has been set up by a so-called 'private investigator', and requests information on the perpetrator to be sent to them. needless to say, it is filled with spelling and grammatical errors, legal errors, no serious professional would dare to publish.
By the time of the above article, Stephen Manning, owner of Checkpoint Press, had already embarked on a civil defamation action in the Irish courts over allegations made against him, locally in County Mayo through his involvement as a junior league soccer referee, and also online through blogsites, online forums and Facebook. His own experience drew many similarities with the experience of Michael N. Marcus of Silver Strand Books. A judgement was concluded in Stephen Manning's civil case at the end of February. A little now from the Mayo News this week:
A Former Mayo Soccer referee was awarded damages of €38,500 after he sued the committee of Achill Rovers Football Club after they wrote a letter accusing him of looking at young girls undressing when he was a referee.
Stephen Manning of Dooagh, Achill was awarded the damages after he claimed a letter written by Achill Rovers FC to the Mayo School Boys and Girls league resulted in him being accused of being a ‘child pervert’ and he was forced to leave Achill with his family.
Westport Civil Court heard that former teacher Mr Manning was the subject of three attempted assaults in Achill and he claimed he was the subject of online abuse against him which he said was the subject of an ongoing garda investigation.
Judge James O’Donohoe said this was a very distressing situation for Mr Manning and he had been ‘grievously hurt’ by the accusations and had suffered ‘great emotional distress’.
In his statement to the court, Stephen Manning denied the incident happened as was stated in a letter drafted by the committee of Achill Rovers. He said he was going to the referee’s changing room and the door of the changing room was wide open.
“The door was fully open and two of the girls waved at me. They were not undressing. I said ‘Hi girls’, that was it.”
He said he was later speaking to the coaches and none of them mentioned the alleged incident outlined in their letter of June 2009.
Judge James O’Donohoe said this was a very distressing situation for Mr Manning and he had been ‘grievously hurt’ by the accusations and had suffered ‘great emotional distress’.
Justice James O'Donohoe, presiding in Westport Civil Court, awarded Manning €38,500 plus costs, in his action against Achill Rovers Chairman, George Collins, the club's secretary, Philip McNulty, and seven other co-defendants following a letter they wrote on June 11, 2009, accusing him of looking at young girls undressing after a match which he had refereed.
From the Mayo News article:
It was alleged to them that Mr Manning, who was refereeing the under-12 match, stood at the dressing room door looking at girls when they were undressing.
Mr Manning denied the claims and told the court that the letter was written maliciously because he had a falling out with George Collins, who he said had verbally abused him over his refereeing and accused him of anti-Achill bias in the letter.
During the time leading up to the civil action, a Facebook page was set up, purporting to have been set up by a 'private investigator' who corresponded with Manning in an effort to persuade him to withdraw his civil action. The Facebook page made further allegations, fueling a republican online forum featuring a tirade of abuse suspected to have been locally driven.
In summing up his award to the defendant in the case, Justice James O'Donohoe said:
“The plaintiff strikes me to be a decent man whose good man is paramount in his life. He worked as a school teacher with an unblemished character and there is no doubt that he is grievously hurt by the accusations. You will find in rural areas like Achill these type of smears spread like wildfire."
Judge O'Donohoe concluded that admittance by the plaintiff's counsel that the alleged incident occurred after the match and not before it, as stated in the letter was important. The allegations were serious and the case ‘hinged’ on the letter. He added that the letter was not prepared properly, which he stated was not a ‘minor inaccuracy’ and struck out the defence of qualified privilege and awarded damages to Mr Manning.
The case is open to appeal from the defendants and Judge O'Donohoe placed a stay on his order of damages and costs pending an appeal to a higher court.
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