Businessman Denis O'Brien has settled for substantial damages and an apology in a High Court libel action over a front-page article in the Irish Daily Mailon the application for a broadcasting licence for Newstalk 106.
The action by Mr O'Brien against Associated Newspapers (Ireland) Ltd, publishers of the Irish Daily Mail,was due to open before Mr Justice Eamon de Valera and a jury yesterday.
However, when the case was called, Marcus Dowling, for Mr O'Brien, told the judge the case had been settled on terms including the reading of an apology in court and an order for Mr O'Brien's costs against the defendant.
Mark De Blacam SC, for Associated Newspapers, read an apology, which is also to be published in today's Irish Daily Mail.
It stated: "On 3rd July 2006, we published an article on the front page which suggested that Denis O'Brien had, in the course of an application to the Broadcasting Commission of Ireland for a national licence for Newstalk 106, misled the commission by pretending that Newstalk 106's schedules would include certain household names in order to improve his prospects of obtaining a licence.
"We accept that there was no truth in this suggestion and that the successful application was proper and appropriate.
"We are happy to take this opportunity to apologise to Mr O'Brien for our article, which constituted a serious defamation of his character. We have paid Mr O'Brien damages and his legal costs."
In his action, Mr O'Brien claimed the article meant he had deliberately misled the BCI to obtain a radio licence for Newstalk and also meant the BCI was incensed by the extent of the alleged misrepresentation and was dismayed at his conduct.