Dáil Éireann Debate, Tuesday - 20 November 2012
483. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality in view the recent cases of suicide as a result of cyberbullying, if he will move legislation to allow Gardaí to obtain and investigate IP addresses from firms cited to be involved in these bullying cases; and if he will make a statement on the matter. [51493/12]
View answerI want to assure the Deputy that I attach the highest importance to the fight against cyberbullying. As recent tragic events have shown, it can have the most serious and tragic consequences.
Cyberbullying may amount to the offence of harassment under the 1997 Non Fatal Offences Against the Person Act. As Minister, my function is to ensure the removal of barriers hindering not only the prosecution but also the effective investigation of offences under that Act.
In a statement in this House on 7 November I referred to my request to the Law Reform Commission to examine the requirement that, in order for it to secure a conviction, the prosecution must show persistence by the accused in pursuing the offence of harassment under the 1997 Act.
The matter raised by the Deputy relates for the most part to the investigation of offences. In just the same way as already mentioned, I will pursue any evidence of difficulties in gaining the access required by the Gardaí in the course of their investigations, bearing in mind that some sites are based outside of this jurisdiction. However, I have not been alerted to any difficulty in securing access to data required in relation to investigations into cyberbullying. The IT industry in Ireland, I am pleased to say, acts in line with the spirit as well as the letter of the law.
I therefore have no immediate plans for legislation but I will review my position in the event that the need for legislative change becoming evident.
