An action by the Health Services Executive against a man who has allegedly set up a misleading website confusingly similar to the HSE’s crisis pregnancy freephone service “My Options” has been adjourned at the High Court for a month. Ms Justice Leonie Reynolds agreed on Friday to put back the HSE’s action against Eamonn Murphy, whom the HSE claims has established a website passing off the service known as “MyOptions”.
The adjournment is to allow Mr Murphy more time to get legal representation.
Last month, the HSE obtained a temporary injunction preventing Mr Murphy, or anyone under his control, using a website he allegedly registered last month called www.myoptions.website, or any other variation of a website using the term “my options” until further order of the court. Mr Murphy denies any wrongdoing and wants the injunction lifted.
On Friday, the HSE, represented by Jonathan Newman SC, and Michael Binchy BL, said it was prepared to proceed with its application to have the injunction kept in place until the full hearing of the case.
Mr Newman said Mr Murphy, representing himself, had informed the HSE he would only consent to the injunction being left in place if the HSE stopped using the “my options” name.
Counsel said the HSE could not agree to that.
Mr Murphy said he needed more time to try and secure legal representation.
Mr Justice Reynolds said she would adjourn the case to early April with the injunction remaining in place.
The judge also said a Mr John McHugh had “inappropriately” sent the court a petition, with more than 200 signatures, entitled “Freedom of Expression in Ireland – Eamonn Murphy has a right to register his website.” She asked if Mr McHugh was in court but received no reply.
The judge said she wanted to make clear that neither Mr McHugh nor any other party not involved with the action should send in any material about a case to the court.
Mr Murphy said he had nothing to do with the petition or Mr McHugh and the judge said she accepted that.
In its action, the HSE claims Mr Murphy is inappropriately offering pregnancy scans, trying to convince women not to go ahead with abortions, or berating those who have chosen to undergo a termination.
Mr Murphy, with an address at Finglas Road Dublin 11, allegedly registered that website’s domain name days after the Minister for Health publicly announced the HSE’s service would be called “my options”.
The HSE claims Mr Murphy’s actions are not a coincidence, are leading to substantial confusion and are damaging the goodwill and reputation of the HSE’s service.
Mr Murphy has denied any wrongdoing, and claims the HSE is causing the confusion and a service he has been operating has saved the lives of woman and babies.