Mother of a teen who tragically died by suicide secures High Court orders restraining Gemma O'Doherty from harassing her

The orders were granted on Friday by Mr Justice Conor Dignam in favour of Edel Campbell, who claims she has been the subject of a campaign of harassment by O'Doherty for suing her over the alleged unauthorised publication of her late son's image on media associated with the defendant.

It is alleged O'Doherty wrongly and unlawfully used the image of plaintiff's son Diego Gilsenan in an article linking unexplained deaths to the Covid-19 vaccination.

Mr Justice Dignam made orders including ones restraining O'Doherty from harassing the plaintiff, or from publishing Ms Campbell’s or her late son's images or any personal confidential material about them.

Ms O’Doherty is also restrained from encouraging or inciting others to intimidate the plaintiff.

The court made orders requiring O’Doherty to take down and remove any image of the plaintiff and her late son from any form of media that she owns or operates.  

The orders are to remain in place pending the final outcome of Ms Campbell's action against O'Doherty, trading as 'The Irish Light'.

The judge said while he was not making any final determination of the claim, he was satisfied to grant the injunction because Ms Campbell had made a strong case that the defendant's actions towards her "amount to harassment".

The judge noted evidence put before the court where the defendant had made comments in online talks and videos about Ms Campbell, including that she is "a bad mother" as well as allegedly untrue comments about her son, and the circumstances of his death.

He also that O'Doherty had made comments in her online lectures where she spoke about Ms Campbell that were antisemitic and had engaged in holocaust denial.

The judge said the case raised a number of novel and complex legal issues, including arguments on the freedom of speech.

These were matters that can be argued at the full hearing of the action, he said.

The injunctions are to remain in place pending the full hearing of the claim.

O'Doherty was not present in court during Friday's hearing, nor were any representations made on her behalf.

In emails to the plaintiff's lawyers given to the court O'Doherty denied the defendants allegations and rejected all claims that she has done anything wrong.

She said that she was not able to come to court as she is currently on holidays, and that she had only been given two days advance notice of the application.

In his ruling Mr Justice Dignam, acknowledged the contents of her emails.

The Judge said he was satisfied to proceed to hear and determine the application in her absence as no objections had been made before the court to the matter going ahead.

Last May Ms Campbell, represented by David Kennedy SC, with Paul Comiskey O'Keeffe Bl instructed by solicitor Ciaran Mulholland, launched a High Court action aimed at restraining O'Doherty, trading as 'The Irish Light', from using or publishing the image of Ms Campbell's late son for any purpose without the plaintiff's consent.

The plaintiff claims that O'Doherty is a journalist and the publisher of The Irish Light, a free periodical newspaper, and the publisher/editor of the irishlightpaper.com website.

Following Mr Gilsenan's death in August 2021 it is claimed that O'Doherty used her son's image in an article which it is claimed wrongly stated that he died as a result of the administration of the Covid-19 vaccination.

Ms Campbell, from Kingscourt, Co Cavan, claims that despite making several pleas to O'Doherty to cease using her son's image, the defendant has allegedly refused to do so, and has denied that the use of the image is unethical.

Ms Campbell claims that the unauthorised and repeated use of her son's image amounts to a harassment and breach of her constitutional rights, and has caused her emotional pain, suffering and harm.

Seeking the injunctions on Friday her counsel Mr Kennedy said that the defendant's conduct towards Ms Campbell in social posts became "exponentially worse" after the action was launched.

She also claims that as a result of an alleged direct call for action by O'Doherty anonymous attack accounts have been set up on social media in an attempt to target Ms Campbell.

The action will return before the court at a later date.