Twitter must do more than ‘reasonable search’ for disclosure order – court

Twitter must do more than conduct “a reasonable search” to find those behind comments on an account which a former Fianna Fáil TD says were designed to do him maximum professional damage, the High Court has ruled.

Frank O’Rourke lost his North Kildare seat in this year’s general election following what he says were defamatory posts about his personal life on social media platforms shortly before the election.

He has brought separate proceedings against Facebook and Twitter for defamation but wants to sue the individual or individuals involved too and needs to identify them to do so.

He first sought orders against Twitter International Company and Facebook Ireland Ltd so he can identify the poster(s).

On Friday, Ms Justice Leonie Reynolds was told talks were ongoing between his lawyers and Facebook about the terms of the disclosure order in its case and the judge adjourned that matter to next week.

She was told by David Holland SC, for Twitter, that while it was not consenting to the disclosure order it was agreeing to provide whatever information it could on the basis of what was ascertainable following a “reasonable search” of its records

Declan Doyle SC, for Mr O’Rourke, said the search should be according to the terms of a previous High Court ruling which stated the information a social media platform provides must include but not be limited to the name or names, email or physical addresses, phone numbers and all IP addresses associated with all log-ins and log-outs relating to the account.

Otherwise, counsel said, the parties may be back before the court arguing over the definition of what a reasonable search was.

The judge said the appropriate order was the one sought by Mr O’Rourke’s counsel and she was satisfied to make an order in those terms. She said the information must be delivered to Mr O’Rourke’s side 21 days of her order.