€70,000 awarded over 2FM sketch defamation

deisemum · 15-07-2011 7:43pm #1

A guesthouse owner has been awarded €70,000 in damages after being defamed by a sketch broadcast on 2fm.

An 84 year old man has been awarded €70,000 in damages after being defamed by a 'Nob Nation' sketch broadcast on 2fm.

Vincent O'Toole claimed the sketch broadcast in August 2008 suggested his guesthouse, Maryland House in Waterford, was a brothel.

RTÉ had admitted libelling Mr O'Toole and apologised however the broadcaster said the damage done to Mr O'Toole had been limited.

Asked for his reaction to the amount of the award, Mr O'Toole said 'it wouldn't paint my house'.

He said RTÉ had fought the case all the way and he was very proud to have been vindicated.

Mr O'Toole was awarded €50,000 after he sued the Sunday World four years ago for a similar claim.

http://www.rte.ie/news/2011/0715/defamation.html

Might be good for a day at the Tramore Races next month.

seanybiker · 15-07-2011 7:46pm

Wouldn't paint his house haha cheeky chap. Might paint the Maryland some year.
Father said he was in there years ago once or twice and said its a Kip inside. Well it was anyways

Oh_Noes · 15-07-2011 7:47pm

Fair play to him. It's even more annoying that those Oliver Callan sketches aren't even funny.

You could probably paint a house with 70k but in the overall scheme of things I'd say it could easily be comparable to the damage caused to a guesthouse business by such defamation. It really is peanuts considering what RTE pay their "stars".

MitchKoobski · 15-07-2011 7:49pm

"'it wouldn't paint my house"

Mr O' Toole can feck off for himself if he wants to be like that. He's lucky he got anything. Maybe he'll at least use it to clean the place up so it doesn't look like a brothel.

15-07-2011 7:58pm

twitch1984 wrote: »

<snip>

A guesthouse owner has been awarded €70,000 in damages after being defamed by a comment posted on Boards.ie.

An 84 year old man has been awarded €70,000 in damages after being defamed by an 'After Hours' thread posted on Boards.ie.

Ficheall · 15-07-2011 7:58pm

If I recall correctly, I was instructed to delete a thread on our university forums because the editor of the university's newspaper had received a threatening letter relating to similar defamation of the same establishment.

takola · 15-07-2011 8:28pm

Do not post anything that could be considered libellous on boards. Honestly, we shouldn't have to keep going over this with people. You'll be held responsible for what you say on this website, should any legal action be taken, so please remember that when you post!

dayshah · 15-07-2011 8:44pm

Oh_Noes wrote: »

You could probably paint a house with 70k but in the overall scheme of things I'd say it could easily be comparable to the damage caused to a guesthouse business by such defamation.

What damage to the business? The place is a kip, has been that way for years, and you can't even book a night in the place over the internet.

Pity Waterford City Council can't sue him for damages for making the Mall look like a hole. Kips like that do damage to the nearby businesses who are actually trying to make a go of their place, rather than make a living by suing for libel.

jayboi · 15-07-2011 10:25pm

With a bit of luck he'll have to pay income tax on that

Flyin Irishman · 15-07-2011 10:42pm

To some people in the city, that establishment will always be associated with the questionable activities which may, or may not, have been going on there years ago before the current owners took over. I completely understand that it must be a nightmare for Mr. O' Toole trying to distance the place from that reputation, and the RTE sketch wouldnt have helped. But I dont think that it should have qualified as libel

deisedave · 15-07-2011 11:26pm

Flyin Irishman wrote: »

To some people in the city, that establishment will always be associated with the questionable activities which may, or may not, have been going on there years ago before the current owners took over. I completely understand that it must be a nightmare for Mr. O' Toole trying to distance the place from that reputation, and the RTE sketch wouldnt have helped. But I dont think that it should have qualified as libel

Is it under different ownership??

200motels · 15-07-2011 11:39pm

I say fair play to him.

Flyin Irishman · 15-07-2011 11:39pm

deisedave wrote: »

Is it under different ownership??

My mistake, I was under the impression that he had taken over years after the brothel rumours were in full swing. But it turns out he's owned it for decades and named it after both his wife, and Maryland, USA.....

ziedth · 15-07-2011 11:51pm

What exactly did the 2FM skit say? Is there a transcript?

Sully · 16-07-2011 12:12am

ziedth wrote: »

What exactly did the 2FM skit say? Is there a transcript?

Apparently its still on YouTube which was part of his complaint.

Gadgie · 16-07-2011 12:16am

ziedth wrote: »

What exactly did the 2FM skit say? Is there a transcript?

http://www.irishtimes.com/newspaper/breaking/2011/0715/breaking65.html

During the four day case, the court heard the Nob Nation sketch featured the character “Kevin My-arse” giving a “Linguaphone” guide to Waterford slang. It stated: “The Maryland is a byword in Waterford for prostitution”, although the original establishment from whence the term is derived has ceased business.”

I do not see how this statement is libellous. The Maryland does have a reputation in Waterford, and everyone who lives here has heard it.

He said he was a pensioner on €300 a week and felt there was no chance of getting his business going.

If he wants to get his business going, perhaps he should invest some of his 70k winnings into making the place somewhere people would want to stay a night in, and not just a few hours. It looks like an absolute dump. If it wasn't for the fact that the outside door is open during the day, you would think the place had been closed for years.

STIG83 · 16-07-2011 6:36am

That audio still on YT?

dayshah · 16-07-2011 7:36am

Gadgie wrote: »

I do not see how this statement is libellous. The Maryland does have a reputation in Waterford, and everyone who lives here has heard it.

My understanding is it libellous to further spread a rumour. So if WLR had done it might be libellous, but it wouldn't really matter as the 'damage' is already done in Waterford. However people from outside of Waterford would never have heard this, so RTÉ did more 'damage'.

I wouldn't have given him 1c though. Any damage to his business has been caused by his own neglect of the place.

kizzyf · 16-07-2011 8:04am

It's ridiculous that he was awarded so much. This place has been associated as being a certain type of establishment for so many years by so many people. There must have been some basis for this. I think anyone who has ever even been to Waterford would have heard of this not just some locals. It's a terrible looking place and from what I recall they even had a red light in the hall way a few years back. The Mall could definitely do with a bit of a facelift.

Cabaal · 16-07-2011 8:54am

I've talked to a few people down in Waterford about this and they've said that "the claim" has been going around since atleast the 70's (that they are aware of) so its not like any newspaper or RTE has made it up for a laugh.

Now whilst it being claimed doesn't make it true it appears to be that the claim is doing the rounds and is well known amongst the people in Waterford for a pretty long time, I first heard about it in the late 90's and I was only down in Waterford for the day at the time.

Honestly I couldn't care less if it is true or not, I just wish he'd clean the place up.

gscully · 16-07-2011 8:56am

Prostitutes in Waterford should also sue RTE. They have to live with the shame of being associated with that dump.

ziedth · 16-07-2011 9:01am

I wonder how different it would be if they dropped the "the" from the statement. Like if he said "Maryland is a Byword for prostitution".

abouttobebanned · 16-07-2011 9:38am

Then I'd be sending an email off to the mayor of Maryland...

200motels · 16-07-2011 12:03pm

wellbutty wrote: »

<snip>

You could be sued for that comment. He won his case and mods could you please close this as it's getting out of hand.

wellbutty · 16-07-2011 12:05pm

200motels wrote: »

You could be sued for that comment. He won his case and mods could you please close this as it's getting out of hand.

I havent accused anyone of anything, it's my personal belief. Is our freedom of belief now being taken away as well as speech????

allthedoyles · 16-07-2011 12:08pm

Friends of mine stayed there many times , and his overnight rates were the cheapest in Waterford .

They always found the Maryland to be friendly and welcoming .

They also told me that they never saw any evidence of prostitution in this establishment .

J-Fit · 16-07-2011 12:11pm

200motels wrote: »

You could be sued for that comment. He won his case and mods could you please close this as it's getting out of hand.

Why do you care for f*ck sake? The truth is being spoken here. It's a disgrace that he said he "couldn't paint his house with it". Does he realise there are people in this current economy who could do a hell of a lot more than paint their house with that money? Apparently after the settlement a few years ago, and I stand to be corrected on this, he said of that the 50 odd grand he won, he "wouldn't put on a horse". Who does this man think he is being so flippant?

dayshah · 16-07-2011 12:22pm

wellbutty wrote: »

I havent accused anyone of anything, it's my personal belief. Is our freedom of belief now being taken away as well as speech????

Well beliefs are in your head. Talking about your beliefs is speech. Two different things.

dayshah · 16-07-2011 12:29pm

allthedoyles wrote: »

Friends of mine stayed there many times , and his overnight rates were the cheapest in Waterford .

They always found the Maryland to be friendly and welcoming .

They also told me that they never saw any evidence of prostitution in this establishment .

To be honest I don't think anyone in Waterford actually thinks its a brothel. Just a sort of urban legend. If it was a brothel it would have been raided, so I think everyone can be certain its not a brothel.

However the outside of the place makes it look a complete kip. I think the flippant attitude to €50,000, more than a years wages to the majority of people, is an insult especially in these difficult times.

Also, he has been a controversial character. There was a dispute between him and the Corporation regarding a plaque on his wall (opposite FÁS). I won't go into that story in any detail (other than to say there was some controversy, and was a long time ago) to avoid getting boards in trouble.

However he is being portrayed as some impoverished pensioner, who's business was destroyed by RTÉ. People in Waterford no this isn't the case.

wellbutty · 16-07-2011 12:34pm

dayshah wrote: »

Well beliefs are in your head. Talking about your beliefs is speech. Two different things.

I stated in my post that it was my opinion... boards.ie doesn't exist without opinions. The libelous remarks that this guy endured are not very different from a solicitor being accused of being a thief on www.www.rate-your-solicitor.com or a teacher as a minx on http://ie.ratemyteachers.com.

In my opinion, the punishment should have been a public apology issued by RTE and not the awarding of 70 grand of TV licence money to an ungrateful man.

Sully · 16-07-2011 12:40pm

wellbutty wrote: »

I stated in my post that it was my opinion... boards.ie doesn't exist without opinions. The libelous remarks that this guy endured are not very different from a solicitor being accused of being a thief on www.www.rate-your-solicitor.com or a teacher as a minx on http://ie.ratemyteachers.com.

In my opinion, the punishment should have been a public apology issued by RTE and not the awarding of 70 grand of TV licence money to an ungrateful man.

Its worth noting, that as far as I am aware, "in my opinion" doesn't cover your ass. When someone has an issue with a post, they 9/10 always look for the posters information (IP address - ISP provides full info on who held the IP at that time etc). So its not just Boards who lands in hot water but its the user who posted it is head hunted and will be sued.

A lot of people don't think of that when they put on a brave face behind a username on an internet forum and act the Mr/Ms Tough Guy.

€70,000 awarded over 2FM sketch defamation

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