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Cyberbullying Issues

Dáil Éireann Debate, Thursday - 24 March 2022

Thursday, 24 March 2022

Questions (347)

Alan Farrell

Question:

347. Deputy Alan Farrell asked the Minister for Justice the number of women and girls in Ireland subjected to cyber-harassment; her Department’s efforts to tackle this issue; and if she will make a statement on the matter. [15593/22]

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Written answers

I'd like to thank the Deputy for raising this issue and reaffirm my commitment to tackling all forms of harassment, whether committed online or offline.

The legislation under my remit covering offences relating to “cyber-harassment” within this jurisdiction is, in the main, contained in Coco’s Law, otherwise known as the Harassment, Harmful Communications and Related Offences Act 2020.

This legislation which I commenced last February introduced the following new offences in this area.

Section 2 creates an offence where a person distributes, publishes or threatens to distribute or publish an intimate image of another person without that person’s consent and with intent to cause harm to, or being reckless as to whether or not harm is caused to, the other person. The act provides a comprehensive definition of the term ‘intimate image’ and the penalties include a term of imprisonment of up to seven years on conviction on indictment.

Section 3 makes it an offence to record, distribute or publish an intimate image without consent even if there was no intent to cause harm. This summary offence provides for a maximum term of imprisonment of 12 months.

In section 4 distributing, publishing or sending a threatening or grossly offensive communication is made an indictable offence with a maximum term of imprisonment of two years. It also provides for once-off harmful communication to or about another person without the need for persistence of offending.

Coco's Law amends and updates the definition of ‘harassment’ introduced in the Non-Fatal Offences Against the Person Act, 1997 to reflect and include the cyber or online environment. It also increases the penalties for the offence of harassment, notably to 10 years for conviction on indictment as well as providing for increased fines.

I am advised by the Garda authorities that An Garda Síochána has to date, commenced 28 prosecutions by way of charges and summonses, relating to 19 separate investigations under the Harassment, Harmful Communications and Related Offences Act 2020.

We need to make sure that people are aware of the harm caused to victims and of the potential penalties applicable if a person is tried and convicted of engaging in this unacceptable behaviour.

On 2 September 2021, my Department with An Garda Síochána, established a partnership with Hotline.ie to create an online reporting facility. This enables victims of intimate image abuse (IIA) to report it to Hotline.ie and request the assistance of Hotline.ie who will engage with the relevant service provider to seek the removal of the illegal content reported. At the same time, if a victim requests, Hotline.ie will pass all relevant information to the Gardaí so that a thorough criminal investigation can be conducted with a view to prosecuting offenders.

I am further advised that during the period 2 September 2021 to 23 March 2022, An Garda Síochána received 39 reports from Hotline.ie. Following the removal of the reported links by Hotline.ie and further engagement by An Garda Síochána, 16 cases have been closed with no further action requested and 23 remain under assessment / investigation.

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