Law, Order and The Batman

By Billy Goss

The Batman launches onto Irish cinema screens this month and in this latest depiction from director Matt Reeves, the hero this time portrayed by Robert Pattinson is a darker, violent and more ruthless man than in previous incarnations.

This is a Batman who is fully down the vigilante rabbit hole, so immersed in his mission that he has little time for anything else, let alone legal concerns.

The Gotham City of The Batman is a dangerous, corrupt and threatening place, reminiscent of New York in the 1970s, where street gangs, mobsters and serial killers lurk around every corner and its only salvation appears to lie with a masked, violent man beating criminals to a pulp with his bare hands night after night.

Or does it?

The Batman is by definition a vigilante. He takes the law into his own hands and in doing so, violates it repeatedly. Assault, battery, trespass, possession of dangerous weapons, even dangerous driving…the list goes on. That’s not to mention the millions of dollars worth of property damage that he causes in his fights with Gotham’s villainy (a subject covered in the comic book Batman: White Knight)

Is he effective? In the face of a corrupt Gotham City police force, sure. But there is a difference between law and order. The Batman restores order, but his brand of justice, or vengeance, is lawlessness by another name. There is certainly an argument that living in fear of a masked hoodlum dealing out punishment as he sees fit is an even worse situation to be in. Over the years several commentators (and even characters in the comics) have pointed out that Batman’s mission may well be escalating the problems of Gotham City. “We start carrying semi-automatics, they buy automatics. We start wearing Kevlar, they buy armor piercing rounds. And you’re wearing a mask, jumping off rooftops…” The theatricality of Batman brings out a more theatrical rogues gallery.

In the midst of this chaos, stands Jim Gordon, sometimes Commissioner Gordon, as the check to Batman’s balance. He doesn’t deputize Batman so much as keep him in line. As the one decent cop in Gotham, he has the respect of Batman and as such, isn’t afraid to haul him over the coals when he veers to close too the criminality he battles.

However, regardless of his intentions, vigilantism can never be tolerated and Batman will always remain on the outside of the law. Gordon and Batman both know this, and so his work remains clandestine, in hope of social and state reform. In the 2008 film, The Dark Knight, this message is made clear. Gotham needs a legitimate figurehead to rally behind, not a vigilante. Batman hopes to inspire change, not enforce it. Society cannot ever accept vigilante justice as legitimate justice. If a man in a mask can go out and use violence to enforce order, it weakens the state’s already precarious public trust in their use of legitimate violence. It damages the very thing it seeks to strengthen.

The Justice Minister in Ireland in 2018 made clear the State’s views on vigilantism:

“An Garda Síochána are the sole legitimate guardians of the peace in this State, charged with upholding the law in the interests of the whole community.

“It is never appropriate for vigilante groups to take the law into their own hands and commit acts of serious violence against people, animals or property. This is a very dangerous road to go down and vigilantism cannot and will not be tolerated in this State.”

Woman hurt in ‘double rear-ending’ crash awarded almost €30,000 (Via The Irish Times)

Judge accuses man involved in Swords, Dublin crash of leading court on a ‘merry dance’

By Ray Managh, 17th February 2022

A woman, who was six months pregnant when her car was rear-ended by two other vehicles, has been awarded just under €30,000 damages by a court for neck and back injuries sustained in the incident and future pain and suffering.

To read the full story please visit:

https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/woman-hurt-in-double-rear-ending-crash-awarded-almost-30-000-1.4805296?localLinksEnabled=false

Facebook apologises to Miriam O’Callaghan as it agrees to new reporting tool after scam ads used broadcaster’s image

By Tim Healy

25 February 2022

https://www.independent.ie/irish-news/courts/facebook-apologises-to-miriam-ocallaghan-as-it-agrees-to-new-reporting-tool-after-scam-ads-used-broadcasters-image-41384719.html

Broadcaster Miriam O’Callaghan has received an unreserved apology from Facebook as part of the settlement of her High Court action over several defamatory and untrue adverts that were posted on the social media platform.

Included in the settlement agreement, Meta Platforms Ireland, formerly known as Facebook Ireland, has agreed to establish a scam ad reporting tool, which will allow Irish users to submit reports on misleading adverts to a specialist team within Facebook for review.

Speaking after the settlement the broadcaster said it was “a good day” following a five-year battle over the misleading ads which she said had caused her distress and had damaged her reputation.

She also expressed her delight that not only had the fake ads been taken down, but also over the fact Facebook is to introduce a tool which allows people to report scam ads.

In proceedings launched against Facebook Ireland three years ago Ms O’Callaghan claimed she was defamed, and sought damages, in a series of false and malicious adverts containing her image and name on Facebook and Instagram in May 2018.

On Friday Paul O’Higgins SC, instructed by solicitor Paul Tweed, for Ms O’Callaghan said the matter had been settled against Facebook.

As part of the settlement, Facebook’s counsel Joe Jeffers BL read an agreed statement to the court, in which it was acknowledged that the proceedings over the publication of misleading adverts published on Facebook by “malicious third parties” had been resolved.

“These adverts contained fabricated statements, which have been extremely damaging to Ms O’Callaghan. Meta Platforms Ireland accepts and regrets that the publication of these ads has caused Ms O’Callaghan distress and embarrassment, and regrets any wider concerns and distress caused by the ads,” the statement read.

“Meta Platforms Ireland apologises unreservedly to Ms O’Callaghan.”

The statement added that the the broadcaster is satisfied that the publication of the the fake adverts, using her name and image, appears to have ceased.

The statement added that as a result of bring the action “Meta Platforms Ireland has undertaken to the broadcaster that it will use robust measures to tackle such advertisements in the future and will offer the ability within Ireland to report scam ads via an additional scam ad reporting tool.”

Previously the court heard that the adverts at the centre of the action contained various misleading and defamatory headlines wrongly suggesting that Ms O’Callaghan has left her job with RTÉ’s Prime Time.

Ms O’Callaghan said she had “nothing to do” with the adverts, which are linked to offers for skin care products.

She claimed that she was most distressed at being associated against her will with what has been described as “a scam product,” the court heard.

She claimed the adverts exploited the trust placed in her by the Irish public and damaged her good name and reputation.

The paid-for adverts, known as “targeted advertisements “, appear on social media users’ newsfeeds, and are designed to encourage the user to click on the adverts.

Those who click on the adverts are offered various skin care products, which she said were falsely stated to be owned or endorsed by Ms O’Callaghan.

The pages also wrongly stated that she had left her position in RTÉ to focus on the promotion of the skincare range, it was alleged.

It was also claimed that users who availed of an offer of free trials of the skincare products reported that had money debited from their bank accounts which they did not authorise.

It was not possible to identify any real persons who were behind the fake ads with that information.

Outside court Ms O’Callaghan’s solicitor Paul Tweed said his client welcomed the successful resolution of the proceedings.

He said the settlement had achieved his client’s objectives of terminating the fake ads, vindicating Ms O’Callaghan’s reputation, and has brought about something that will afford Irish Facebook users more protection.

The implementation of an additional reporting tool allowing Irish Facebook users to submit detailed reports of fake or scam ads was also a welcome development.

The tool will make such misleading material easier to report, he said, adding that such complaints will be dealt with by a specialist team within the social media giants.