:quality(70)/cloudfront-eu-central-1.images.arcpublishing.com/irishtimes/G2S4N3XJVRGWLMK3HSQQVZLLPQ.jpg)
A digital rights organisation is seeking to bring legal proceedings on behalf of six women who say they are victims of “revenge porn” on the internet, the High Court heard.
Revenge porn is where intimate images are posted online without consent.
Digital Rights Ireland (DRI), a not-for-profit organisation that defends civil, human and legal rights in the digital age, has been mandated by the women to bring proceedings against those who made the postings on a specific web page which, it is claimed, displays intimate images of thousands of women in breach of their rights.
The action, with DRI in a representative capacity, will be brought under GDPR and data protection legislation whereby a data subject can seek an injunction and compensation for damage suffered as a result of the infringement of their data rights.
:quality(70):focal(2126x1633:2136x1643)/cloudfront-eu-central-1.images.arcpublishing.com/irishtimes/V5RK4R6TLRDFHAX66MBWSNFN6U.JPG)
:quality(70)/cloudfront-eu-central-1.images.arcpublishing.com/irishtimes/COCQPDAQFBET7JWF73GHH5BBAE.jpg)
:quality(70):focal(924x1299:934x1309)/cloudfront-eu-central-1.images.arcpublishing.com/irishtimes/BI4XAQO7MJHLRIIC3XMWB3L7OY.jpg)
:quality(70):focal(962x698:972x708)/cloudfront-eu-central-1.images.arcpublishing.com/irishtimes/YS2KQSYPXZESRHMC3VOHRODVGE.jpg)
[ Intimate images: ‘I wanted to help others so they wouldn’t be called a porn star on a night out’ ]
[ Righting a revenge-porn wrong: ‘We’re very fortunate that some very brave victims stepped forward’ ]
DRI could do so, however, it needed to establish the identity of those who posted the images on the Discord website where the images appeared.
DRI, represented by Ronan Lupton SC, applied to the High Court for an order requiring the operators of the website to reveal the identity of those who had allegedly posted the images.
In a judgment on Friday, Mr Justice Brian O’Moore granted an order against Discord Netherlands BV requiring it to disclose certain information to DRI within 28 days of the making of the order.
The judge said the order was being made on consent as well as on consent to an order substituting the original defendant, Discord Inc. with Discord Netherlands BV. It was important to stress that no complaint is made by DRI, or the six women it represents, about the activities of Discord, he said.
The court had been told that Discord Inc had transferred certain material, including the data concerned here, to Discord Netherlands. The judge said the approach taken by the Discord entities meant the application for the orders could be dealt with relatively quickly.
Even if there had not been consent, however, the judge felt it would be appropriate to make the order. As controller of the relevant data, Discord Netherlands was the appropriate subject for an order that may identify those who posted the images to allow DRI and the women to vindicate their rights, he said.
He also found DRI was entitled under data legislation to bring the representative case in the intended action.
Lawyers for Discord Inc had initially appeared in the case and there had been extensive correspondence disputing the jurisdiction of the courts of Ireland to hear the application by DRI.
The judge found the application brought by DRI can be brought in the Irish courts.