Ireland’s Court of Appeal has dismissed an appeal action brought by CNN against a decision made last year that favoured Rivada Networks and its CEO Declan Ganley.

In a judgment on behalf of the three-judge Court of Appeal on March 13th, Judge Denis McDonald dismissed two appeals made by the CNN side. The first related to the Irish High Court’s refusal of the defendants’ application setting aside service of the proceedings outside this jurisdiction on the ground that Ireland was not the appropriate forum for the hearing of this litigation.

The judge said he came to the conclusion that Ireland is clearly and distinctly the more appropriate forum for the hearing and determination of the plaintiffs’ claims against the defendants. This was, in his view, irrespective of who bears the burden of proof on the issue. The most significant factor in play is the fact that publication occurred in this jurisdiction and that the plaintiffs claim that their reputation was damaged here.

The alleged defamation was made by CNN in October 2020 and then picked up by the Internet, and Irish newspapers.

Ganley/Rivada had sued Atlanta-based CNN Inc and two associated companies, Cable News International (CNI) Ltd, and Turner Broadcasting System Europe Ltd, both London registered.

The original action centred on a report suggesting the first Trump administration pressured the US Department of Defense to award a multi-million contract without a competition for the lease of mid-band spectrum to an entity described in the news story as “Rivada”. Ganley/Rivada argued that they had been maliciously defamed. That action continues.

The judge concluded that the appeal in relation to CNI/Turner should also be dismissed. He said it was not clear at this stage of the proceedings that the claims against them were bound to fail.

Rivada, in a statement, said: “Rivada is very satisfied with the comprehensive Judgment in our favor delivered by the Irish Court of Appeal today in our defamation case against CNN and Jake Tapper. We now hope that the substantive proceedings will be progressed expeditiously before the Irish High Court”.

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Categories: Articles, Policy, Regulation

Tags: cnn, Ireland, rivada