Dáil Éireann Debate, Tuesday - 28 June 2016
68. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of legislation that protects victims of cybercrimes (details supplied); and if she will make a statement on the matter. [18355/16]
View answerSection 10 of the Non-Fatal Offences Against the Person Act 1997 provides that any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, is guilty of an offence. Harassment is deemed to occur where a person seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other. Section 10(3) also provides for orders to be made by the court to prevent communication by any means with the victim or to approach within any distance specified by the court of the place of residence or employment of the victim. Such an order can be made even in circumstances where the accused person is not convicted of the offence if the court is satisfied, having regard to the evidence, that it is in the interests of justice.
While aspects of what is known loosely as "revenge pornography" are addressed by the harassment offence in Section 10 of the Non-Fatal Offences Against the Person Act 1997, there has been a growing awareness and concern in relation to issues such as cyber-harassment, revenge pornography, and related harmful internet content in recent years with the growth of cyber technology. The Law Reform Commission (LRC) is currently carrying out a project on Cybercrime affecting personal safety, privacy and reputation, including cyberbullying. In November 2014 the LRC published an Issues Paper and sought the views of interested parties on the key issues it had identified. The issue of revenge pornography was specifically addressed in that paper. In April 2015 it held a seminar to discuss these issues. It is hoped that the LRC Report will be published in the coming months and its recommendations, including any proposals in relation to legislation, will then be considered.
Separately and following the publication by the Oireachtas Joint Committee on Transport and Communications of its Report on Addressing the growth of Social Media and tackling Cyberbullying in 2013, the Minister for Communications, Energy and Natural Resources established the Internet Content Advisory Group to provide expert, independent advice on Internet Governance issues (in forming legislative, policy and regulatory recommendations to Government). The Group’s Report was published in June 2014 and included wide ranging recommendations which included changes to institutional, legislative and governance arrangements. The recommendations are currently being progressed in consultations between the relevant Ministers.
