LAST UPDATE | 14 Dec 2023

TÁNAISTE MICHEÁL MARTIN has resolved the High Court proceedings he brought against Google in which he sought information about those behind “fake adverts” that he says were used to defame him. 

The Fianna Fáil leader claimed the ads that appeared on legitimate websites had wrongly used his image and contained links to false “pseudo-newspaper articles” associating him with a cryptocurrency scam.

Last week Martin, who is also Minister for Foreign Affairs and Defence, was given permission by the court to bring proceedings against Google Ireland Ltd and its parent Google LLC in which he sought the identity of those behind the ads.

The matter returned to the High Court today when Padraic Lyons SC, with Daragh Breen BL, instructed by solicitor Catherine Ardagh, told the court that following discussions between the parties an agreement had been reached. 

The court could make a series of orders in favour of Martin, to which Google was not objecting, counsel said. 

The orders require Google to provide information about the adverts to Martin, including the names, email address, and telephone numbers relating to the accounts associated with them.

Google must also provide details it has of any financial accounts or services used to pay for the publication of the adverts and details of any IP addresses from which the accounts were accessed in order to procure their publication. 

The information is to be provided to Martin within 21 days. 

Counsel said that Google, in accordance with its usual notice policies, may inform the owners of the accounts that placed the ads in advance of its intention to disclose the information to Martin. 

Martin acknowledges Google will not be liable for any subscriber information provided that turns out to be false, incorrect or misleading due to the fault of the relevant account holders, counsel said. 

Martin also agrees that if any of the information disclosed contains personal data, it will be held in accordance with all applicable data protection laws. 

Lyons said that the motion and the proceedings could be struck out, with no order as to costs.

Counsel said that both sides have liberty to return to the court in respect of the orders, should the need arise 

Eileen Barrington SC for the defendants said her side was neither objecting nor consenting to the orders being made by the courts.

The matter was before Justice Mark Sanfey, who welcomed the settlement of the action and said that the form of orders that the court had been asked to make was appropriate in the circumstances.

After granting the orders, the judge formally struck out the action.   

Previously the court heard that Google took the ads down and the advertiser’s accounts had been suspended due to “egregious policy violations”.

Google informed Martin’s lawyers that such ads are part of a “global trend” of “scammy bad actors trying to deceive users by enticing them to click into an ad by using popular figures/celebrities along with provocative text or content”. 

Google also said it could not under law provide user/customer data to a third party, irrespective of their circumstances, without a court order that it do so.  

In an affidavit, Martin said two display ads appeared last July on legitimate websites of the Irish Times, Irish Independent and Done Deal.   

They were linked to a “lengthy pseudo-newspaper article”.

Adverts

One ad featured a photograph of Martin imposed on images of a luxury residence seemingly located in a foreign jurisdiction and a private jet with text including “He shared important information”.

The second ad featured another photo of Martin in a public setting  with text stating “He  did not want to hide this possibility from the people of Ireland”.

The creators of this material used the Google Ads platform to arrange their placement and display on these prominent websites, he said.

When a user clicked on the fake newspaper article, purporting to be from the Irish Independent, they saw a headline “Micheál Martin’s Latest Investment Has The Government and Big Banks Terrified”, alongside several photos of Martin.

Martin said the article purported to reproduce excerpts of interviews he gave to RTE and the Irish Times in which he supposedly endorsed a “new wealth loophole”, namely a cryptocurrency auto trading program known as “Immediate Edge” which can “transform anyone into a millionaire within 3-4 months”, he said.

Martin believes the “Immediate Edge” trading platform appears to be a fraudulent, and is certainly an unauthorised and unregulated scheme designed to target vulnerable people with little or no knowledge of cryptocurrency or financial trading.

He wants to bring an action for defamation and “passing off” against those behind the ads but is unable to do so until he can identify them. 

He claims, among other things, that the material indicated that he endorsed and used the unregulated financial product Immediate Edge for financial gain and falsely claimed he had made “vast profits” from cryptocurrency speculation.  

He also claims it portrayed him as dishonest, irresponsible and primarily motivated by personal financial gain. 

He believes it has caused, or has the potential to cause, significant damage to his public goodwill and reputation as a public representative. 

Response 

In a statement this afternoon, a Fianna Fáil spokesperson said the Tánaiste “welcomes the granting of the High Court order today which will ensure that he receives all information pertaining to the false and misleading ads placed on the Google Ads platform earlier this year”.

“The ads in question are completely unacceptable,” they said. 

“The Tánaiste believes it is important that he took action in relation to these matters to ensure that these currently anonymous third parties will be held to account in relation to their efforts at promoting unregulated and dangerous financial products with potentially ruinous consequences to unsuspecting persons through linking these products to well known public figures such as the Tánaiste,” they added. 

“Every citizen should be entitled to request and receive information relating to the bad actors behind these schemes.

“The Tánaiste also believes there is a significant onus on large tech companies, including Google, to do all they can to ensure their platforms and products are not weaponised by bad actors and scammers.

“He now awaits receipt of the relevant information from Google.”

With reporting by Hayley Halpin