HSE's action over 'misleading' crisis pregnancy website adjourned

Last month, the HSE obtained a temporary injunction preventing Mr Murphy or anyone under his control from using a website he allegedly registered last month called www.myoptions.website, or any other variation of a website using the term 'my options' until further order of the court.

Mr Murphy denies any wrongdoing and wants the injunction requiring him to suspend the www.myoptions.website lifted.

When the matter returned to court today the HSE, represented by Jonathan Newman SC, said it was prepared to proceed with its application to have the injunction kept in place until the full hearing of its action has been determined.

Mr Newman said Mr Murphy, who is representing himself, informed the HSE he would only consent to the injunction being left in place if the HSE stopped using the "my options" name.

Counsel said the HSE could not agree to that.

Mr Murphy, who claims the HSE service is putting women's lives at risk, said he wanted to get lawyers to represent him, but has been unable to acquire any.

He asked the court for further time to try to secure legal representation.

Ms Justice Reynolds said she was prepared to adjourn the case with the injunction previously granted remaining in place.

The Judge, who remarked that the case was concerned with an alleged passing off, could not make an order against the HSE in relation to its use of the name 'My Options' in its information and counselling service.

The Judge said that a Mr John McHugh "inappropriately" had sent the court a petition, with more than 200 signatures, entitled "Freedom of Expression in Ireland - Eamonn Murphy hs a right to register his website".

The judge asked if Mr McHugh was in court, but received no reply.

The Judge said she wanted to make it clear that neither Mr McHugh nor any other party not involved with the action should send in any material about a case to the court.

Mr Murphy said he had nothing to do with the petition or Mr McHugh, which the Judge said she accepted.

In its action the HSE claims Mr Muphy is inappropriately offering pregnancy scans, is trying to convince women not to go ahead with abortions, or berating those who have chosen to undergo a termination.

Mr Murphy with an address at Finglas Road, Dublin 11, allegedly registered that website's domain name days after the Minister for Health announced that the HSE service would be called 'my options'.

The HSE claims Mr Murphy's actions are not a coincidence, are leading to substantial confusion and are damaging the goodwill and reputation of the HSE service.

In December, the HSE secured the contract to run the freephone information and confidential counselling service, which is the first point of contact between it and the public.

Its website, www.myoptions.ie went live late last year, and the phone service commenced in January.

The HSE brought proceedings against Mr Murphy after it became aware of a website called www.myoptions.website which contains Mr Murphy's phone number and promises a free ultrasound.

The HSE says that women are finding the defendant when they intend to find the service operated by the HSE.

The website is also giving the impression that Mr Murphy is offering services in connection with the HSE, or that objective counselling and information services are being provided, it is claimed.

The HSE says it asked him to remove or rename the website, but he has failed to do so.

Mr Murphy has denied any wrongdoing and said it was the HSE who was causing the confusion.

He claims a service he has been operating has saved the lives of woman and babies.

The matter will return before the court in early April.