Court overturns order preventing campaigner from making ‘offensive’ social media posts

A campaigner against bogus medical treatments has won a High Court challenge against a District Court judge’s order not to post anything on social media that is abusive or offensive to any person.

Fiona O’Leary, who actively campaigns against pseudoscience and treatments offered to people with cancer and autism, challenged the condition imposed on her by Judge James McNulty at a sitting of Bandon District Court last January. She alleged it breached her right to freedom of expression.

The High Court was on Tuesday told that Ms O’Leary’s judicial review action against the Director of Public Prosecutions (DPP) had been resolved. The DPP was consenting to an order quashing the condition, the court heard.

Judge McNulty sentenced Ms O’Leary, a mother of five, from Dunmanway, Co Cork, to 60 days imprisonment, suspended for two years, after she pleaded guilty to an offence contrary to section 13 of the 1994 Criminal Justice Act (Public Order) Act.

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Trespassing

She was charged with trespassing on a property located at the Priory Maulatanvally, Reenscreena, Rosscarbery, Co Cork in such a manner as to cause or likely to cause fear in another person. The prosecution’s case was based on a statement from Fr Giacomo Ballini, and the court was informed that Ms O’Leary had taken video footage on the premises and uploaded it to social media.

It was claimed that, after she pleaded guilty, Judge McNulty told Ms O’Leary she was entitled to her opinions, but there were boundaries required for civil public discourse and debate. The judge, it was claimed, also criticised Ms O’Leary and told her that she had set a bad example for her children.

Rather than fine or sentence her to community service, she claimed, the judge imposed a suspended 60-day prison sentence. The judge also imposed certain conditions including that she must keep the peace and that for the duration of the two-year suspended period she must not engage in any behaviour in any public place or public forum, including social media, that is abusive or offensive to any person.

Ms O’Leary, represented by Bernard Condon SC, with Conor McKenna BL, instructed by Catherine Ghent, last month launched High Court judicial review proceedings against the DPP seeking various orders and declarations including an order quashing the condition.

Quashed

When the matter returned before the High Court on Tuesday, Mr Justice Charles Meenan was told the case was resolved and the condition challenged can be quashed.

Ms O’Leary said she has campaigned against pseudoscience, including the use of a dangerous product called MMS, being used on persons who have cancer and those diagnosed with autism. She said her activism has resulted in her receiving a lot of abuse and threats, particularly online.

She said she needs to use social media as part of her activism in order to highlight what she says is misinformation.

She does not intend to be offensive or abusive online, but if she does express her opinions she cannot control or decide what others find to be offensive or abusive, she said. She also claimed that the punishment she received from the District Court imposed restrictions on her rights and “damages the important work” she has been doing.