Dáil Éireann Debate, Tuesday - 29 May 2018
287. Deputy James Browne asked the Minister for Justice and Equality if the need to amend section 5 of the Non-Fatal Offences Against the Person Act 1997 has been examined in order to include cyberbullying; and if he will make a statement on the matter. [23496/18]
Amharc ar fhreagraAs the Deputy will be aware, the Law Reform Commission produced a report on Harmful Communications and Digital Safety in September 2016. This report contained a number of recommendations to improve the criminal justice and regulatory response to harm perpetrated online. There is a growing concern around the whole area of online harm, which can include cyber-bullying and other behaviours such as distributing intimate images without consent. It was intended that my Department would bring forward legislation to give effect to the criminal law aspects of that report. However, due to competing legislative priorities, progress was not as rapid as I had hoped.
In 2017, Deputy Howlin introduced a Private Member’s Bill to address the same issues outlined in the 2016 LRC report. The Harassment, Harmful Communications and Related Offences Bill completed second stage in the Dáil in January 2018 and was not opposed by Government. Cabinet approval was recently given to discontinue work on the Government Bill and to support Deputy Howlin’s Bill to ensure that legislation can be enacted as swiftly as possible. The main provisions of the Bill as published include:
- A new offence of non-consensual distribution of intimate images with/without intent to cause harm or distress (generally referred to as “revenge pornography”). This will also be a sexual offence for the purpose of the Sex Offenders Act 2001, if an individual convicted is sentenced to a term of imprisonment. Whether the person against whom the offence was committed is underage or unable to guard themselves from harm is intended to be an aggravating factor to be considered in sentencing for the offence of non-consensual distribution of an image.
- The existing offence of sending threatening or indecent messages will be extended to apply to all threatening, false indecent and obscene messages using any form of online or traditional method of communications.
- The existing offence of harassment as contained in section 10 of the Non-Fatal Offences Against the Person Act, 1997 will be extended to include all forms of communication, including through online or digital communications.
My officials will be meeting with Deputy Howlin in the coming weeks with the intention of bringing forward Government amendments to ensure the Bill can be safely enacted. Any further amendment to the Non-Fatal Offences Against the Person Act, 1997 will be considered at that juncture. It is hoped that the Bill can be enacted by the end of the year.
