Student wants court to order removal of ‘fake and defamatory’ material posted on Instagram

A third-level student wants the High Court to order the removal of “fake and defamatory” material posted by an Instagram account holder who has allegedly been blackmailing him and sending altered sexualised images to his contacts.

The student, who cannot be identified by order of the court, claims his image, alongside one of male genitalia that are not his, has been sent to various contacts and followers of his social media accounts.

He claims he received a message from an Instagram account that contained a picture of the student, alongside an image of another male, who he does not know, and the image of another male’s genitals.

The student says he also received a message from the account user, which he connected with sometime earlier this year thinking it might be somebody he knew, demanding he pay them or else the account holder was going to send what were described as “nudes” to all his Instagram and Snapchat contacts.

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The court heard the account holder informed the student in a message that he should “make a payment” and should “co-operate” or else the account user would “ruin your life and make sure this goes viral”.

If he failed to comply, he was told by the user that they were “gonna make your life miserable.”

The student said that after he blocked the account he recovered several communications from people on his contact list, including from contacts at the college he attends, after they were sent the images.

The student, who did not pay his blackmailer, claims he made a complaint to Meta, which owns Instagram, about the posts in an attempt to have the material about him removed.

However, he claims Meta has not taken any action in relation to the account and in response to the student said that the matters complained do not breach Instagram’s “community guidelines.”

As a result, the student has brought High Court proceedings where he seeks an order restraining Meta Platforms Ireland Limited from publishing any further statements about him on the specific account.

The application against Meta came before Mr Justice Brian O’Moore on Friday afternoon.

The judge, who acknowledged the serious implications the alleged activity has had on the applicant, granted the student’s lawyers permission, on an ex parte basis, to serve short notice of the injunction proceedings against Meta.

The judge adjourned the matter to early next week.

Noting the nature of the complaint and the evidence put before the court, Mr Justice O’Moore said this was a case where the court was prepared to make a temporary order anonymising the applicant.

This was a case involving an allegation where more than just the plaintiff’s privacy rights have been breached, he said.

Seeking the orders for the student, barrister John Temple said his client has been defamed by the posts, and his privacy rights have been breached.

The sharing of the false images has caused his client great upset and distress, counsel said.

Despite requests from the student and his solicitor, Sinead Mulhall, to remove the material complained of, Meta has done nothing, and its only response to his client was to say the material did not breach its community guidelines, counsel said.

Counsel added that as well as bringing civil proceedings his client has reported the matter to gardaí, who are investigating his complaints.

Counsel said it is his belief that the sharing of the false images amount to an offence under the 2020 Harassment, Harmful Communication and Related Offences Act 2020, which is more commonly known as Coco’s law.