Dáil Éireann Debate, Wednesday - 12 December 2012
165. Deputy Martin Heydon asked the Minister for Justice and Equality if in view of recent tragedies his attention has been drawn to the concerns of many regarding the dangers for young person's of several social networking sites; the measures he has considered within legislation to protect those young Irish persons subject to and most vulnerable to cyberbullying; his plans regarding same; and if he will make a statement on the matter. [55935/12]
View answerI assure the Deputy that I share the widespread concern about bullying by means of communications technology. It is very regrettable that this highly beneficial resource is abused in that way, causing great distress to many people.
There are two approaches to tackling cyberbullying, that is to say, bullying over the internet, by mobile phone or by other technological devices. In the first instance, we must educate and alert people to the problem, how to detect it and how to overcome it. Everyone has a role to play, whether they are parents, teachers, classmates, work or team colleagues or mere 'bystanders'.
I draw attention to the services available from the organisations participating in the Safer Internet Ireland Project, coordinated by my Department's Office for Internet Safety. The www.webwise.ie site provides valuable information and advice as well as links to other relevant sites.
The Deputy refers in particular to social networking sites. They have become very popular especially among younger people. Users need to be aware that those sites have their own rules. They usually have various options such as privacy settings and complaints procedures which may be availed of to prevent any unwanted access. Most of the major social networking sites have signed up to the EU's Safer Social Networking Principles. The Principles promote good practice with an emphasis on enhancing the safety of younger users.
The second approach entails pursuing perpetrators under the criminal law. The current law has a number of relevant provisions. Two sections of the Non-fatal Offences against the Person Act 1997 are especially relevant. Section 5 deals with the offence of threatening to kill or cause serious harm. It has a maximum penalty of imprisonment for a term not exceeding 10 years. Section 10 provides for the offence of harassment. The section includes harassment 'by any means including by use of the telephone'. This offence attracts a maximum penalty of imprisonment of up to 7 years.
At my request, the Law Reform Commission is examining an aspect of the requirements in section 10, namely the need to demonstrate persistence in the harassment. I await its conclusions.
The Prohibition of Incitement to Hatred Act 1989 may be relied upon in cases where the cyberbullying entails incitement to hatred on account of race, religion, nationality or sexual orientation.
The Communications (Retention of Data) Act 2011 is relevant to the investigation and prosecution of the offences under the 1997 Act. It permits the retention of and access to data for those purposes where the offence is a serious one. In that regard, the Act identifies some specific offences but adds that the term also applies to any offence having a maximum penalty of 5 years imprisonment or more. The offences in sections 5 and 10 of the 1997 Act meet that criterion.
While I can understand their reluctance to do so in many instances, victims, their families and friends must realise that their active participation is required if attempts to defeat the cyberbullies are to succeed. They can follow the simple but effective advice on how to deal with unwanted messages and they must assist the Gardaí by reporting cases to them. The criminal law can be employed only when victims come forward and assist the Gardaí in building a case against their tormentors.
I have no immediate plans for new, more targeted, legislation but I will be keeping the matter under review.
