The High Court has reserved judgement on an application made by retired MMA fighter Artem Lobov for orders requiring Conor McGregor to take down allegedly defamatory social media posts.
The case came before Mr Justice Garrett Simons, who said that he will rule on an application brought by the Russian national for orders including an injunction requiring the Irish fighter to remove the material complained on Friday morning.
In his action, which is opposed by Mr McGregor, Mr Lobov claims that he has been the subject of a barrage of harassing, intimidating and defamatory posts by Mr McGregor on his Twitter account.
Mr Lobov claims that the most damaging post about him on Mr McGregor’s Twitter account, @The NotoriousMMA is where he is allegedly referred to in a song sung by Mr McGregor as being a “rat”.
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The High Court heard that Mr Lobov claims that the defendant’s posts about him arise from other legal proceedings brought by him against Mr McGregor over a purported multi-million euro whiskey deal.
As a result of the posts, Mr Lobov seeks an order under Section 33 of the 2009 Defamation Act prohibiting Mr McGregor from publishing any further posts similar to those allegedly published on Twitter on November 26th.
Mr Lobov also seeks an order requiring the defendant, or any other person who has notice of the proceedings to cease and desist from making any similar posts on social media to those complained of.
Mr Lobov, who is represented by represented by Andrew Walker SC instructed by solicitor Dermot McNamara, further seeks an order requiring the defendant to take down and remove any of the allegedly defamatory posts on Twitter or on any other form of social media.
Mr McGregor was not present in court on Thursday morning but lawyers on his behalf opposed the application.
His counsel Remy Farrell SC, instructed by solicitor Michael Staines said the matter, including the application for a Section 33 order, was “wholly unsustainable”, raised issues concerning the freedom of speech and expression and that there were other alternative remedies available to Mr Lobov.
Counsel said that both were MMA fighters, and in that sport “trash talk” between rivals was commonplace. Counsel said that the context of the comments complained is relevant, given that parties are involved in a dispute over the sale of a whiskey brand, which remains pending before the courts.
Arising out of that action counsel said Mr McGregor may well have a defence to the claim of defamation including that his remarks, are the truth and can be justified.
Seeking the injunction Mr Walker said that it is his client’s case that the defendant has no defence to the application, and that the orders sought by Mr Lobov should be granted by the court. His client has not received any response from Mr McGregor regarding his complaints about the posts, nor a sworn statement formally opposing the injunction application.
In proceedings that came before the Commercial Court earlier this month Mr Lobov claims that Mr McGregor who, along with two other shareholders, sold the “Proper No 12″ whiskey brand for US$600m (€584m) to Proximo Spirits in 2021. The deal reportedly netted Mr McGregor US$130m (€123m), making him the highest earning sportsman in the world last year.
Mr Lobov claims Mr McGregor told him that “remember 5 per cent is yours, no matter what” when the pair discussed the future of a new brand of Irish whiskey.
Mr Lobov is seeking specific performance of an oral agreement he says the two men made when they met in the SBG gym, Naas Road, Dublin, in September 2017.
The court heard that Mr Lobov was offered €1m by Mr McGregor, but had refused the offer.
Mr McGregor denies Mr Lobov’s claim and says that in one message he stated that he did not want anything from the deal.
However, Mr Lobov failed to get his case admitted to the fast-track Commercial Court list due to a delay in bringing the case which now goes through the normal High Court list.