Elon Musk's X seeks to revive ‘thermonuclear' defamation case in Ireland, after libel tourism suit blocked by US court
The social media platform has been in a bitter row with the 'Media Matters for America' website and filed defamation proceedings against it in December 2023.
The left-leaning media watchdog infuriated Musk, – the world's richest man – after it reported in November 2023 that X had placed ads for brands like Apple and IBM next to content that 'touts Adolf Hitler and his Nazi Party'.
Musk pledged to file 'a thermonuclear lawsuit' against Media Matters in response.
X alleged both parties in the Irish case were ready to proceed to legal briefing
Subsequently, X and its subsidiaries launched defamation cases in Texas, Dublin, and Singapore. Twitter International Unlimited Co launched the Irish defamation case in 2023.
Media Matters accused X of launching a 'vendetta-driven campaign of libel tourism'.
In April, Judge Vince Chhabria for Northern California, published an order stopping X from further prosecuting its case against Media Matters in Ireland. He cited its terms of service, which included a 'forum selection clause,' which he said meant lawsuits should have been filed in California.
The judge said Media Matters' previous legal counsel appeared to have missed the clause, and it should not be 'punished' for this failure.
Musk's company filed an appeal in the US against the order.
In the filing, X claimed that if any court should consider Media Matters' 'belated invocation' of the forum selection clause regarding its Irish business, it is the High Court of Ireland. It said the case had been ongoing in Ireland for 18 months.
X alleged the watchdog had made a considered decision not to invoke the clause in the foreign cases and had been relying on an argument that another venue was more appropriate to hear the case. X claimed Media Matters had waived its right to rely on the clause.
X also alleged both parties in the Irish case were ready to proceed to legal briefing. It added the preliminary injunction had led the Irish courts to halt a hearing scheduled for the following day. It also claimed the Irish business was not bound by the terms of service Media Matters cited.
If the stay is granted, X could resume its subsidiary's defamation case in Ireland.
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