High Court orders X to provide details of accounts behind alleged smear campaign

Orders made in favour of Switzerland-based Vinivia AG, its CEO Steffan Graff and CFO Marcello Genovese

Mr Justice Mark Sanfey was told on Friday that X was neither consenting nor objecting to the disclosure orders being granted. Photograph: Bryan O'Brien
Mr Justice Mark Sanfey was told on Friday that X was neither consenting nor objecting to the disclosure orders being granted. Photograph: Bryan O'Brien

The High Court has made orders directing X - the social media firm formerly known as Twitter - to provide details about four accounts on its platform to a social media service and two of its founders.

Mr Justice Mark Sanfey was told on Friday that X was neither consenting nor objecting to the disclosure orders being granted.

The orders were made in favour of Switzerland-based Vinivia AG, its CEO Steffan Graff and CFO Marcello Genovese who claim the X accounts are being used to wage a malicious smear campaign against them.

They claim that in the weeks after the firm’s app was launched last April, that four accounts were set up on X.

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The plaintiffs, represented by Peter Shanley BL, claim accounts have posted statements about his clients that are “defamatory and false”.

They also alleged that the posts, which include photographs and personal information about Mr Genovese and Mr Graff, are in breach of their GDPR rights.

The allegedly defamatory posts state the plaintiffs are involved in “frauds and scams” “financial misconduct” that the firm is a “shady company” that they have “betrayed the employees and business partners”, have “pitched fake technology that does not exist”” that they are “criminals”, “thugs” are involved in “money laundering”, and that one of the plaintiffs is “a Nazi.”

The plaintiffs claim that because of the posts they have “suffered significant reputational damage”.

They further claim that the posts are also impacting on the company’s business and ability to attract further investment.

They do not know the identity of the those behind the accounts, who they want to sue for damages over the alleged defamation.

Earlier this week, the plaintiffs secured permission to seek an order from the court directing Irish-based Twitter International Unlimited Company, X Irish-based subsidiary which provides the X service to all users within Europe, to give them details about the holders of the @VinivialInsider, @MayouKnow249, @FightTheScam, and @TheSaintofCA accounts.

The order, known as a Norwich Pharmacal Order, requires X to provide the plaintiffs with all the information it has in its possession relating to the identities of anyone who created or controls the accounts.

On Friday Mr Shanley said that following discussions Twitter had agreed to neither object to nor consent to the disclosure orders sought.

The plaintiffs have also agreed to pay the respondent’s legal costs, counsel added.

Mr Justice Sanfey welcomed the speed in which matters had been agreed between the parties and noted that usually such things take much longer.