Dáil Éireann Debate, Tuesday - 21 March 2023
1124. Deputy Holly Cairns asked the Minister for Justice if the steps he is taking to ensure that Harassment, Harmful Communications and Related Offences Bill 2017 are sufficient to address the instances of deep fake image-based sexual abuse; and if he will make a statement on the matter. [14018/23]
Amharc ar fhreagraThe Harassment, Harmful Communications and Related Offences Act 2020 criminalises the non-consensual distribution of intimate images.
It is a criminal offence to share, or threaten to share, an intimate image of another person without their consent. This includes sharing intimate images purporting to be of another person - often referred to as ‘deep-fakes’.
The legislation defines “intimate image, in relation to a person to mean any visual representation (including any accompanying sound or document) made by any means including any photographic, film, video or digital representation—
(a) of what is, or purports to be the person’s genitals, buttocks or anal region and, in the case of a female, her breasts,
(b) of the underwear covering the person’s genitals, buttocks or anal region and, in the case of a female, her breasts,
(c) in which the person is nude, or
(d) in which the person is engaged in sexual activity.
The penalties – up to seven years in prison and an unlimited fine - are high to reflect the seriousness of the offences and the damage and hurt they cause.
I would encourage anyone who believes they may have been a victim of this crime to report it to Hotline.ie and to contact An Garda Síochána.
In September 2021, my Department launched a national awareness campaign in relation to the new law and intimate image abuse. It was centred on a 30-second video showing various motivations as to why an intimate image was shared, with the tagline “whatever your motivation, sharing an intimate image without consent is a crime”. The campaign ran on TV, radio, cinema and across social media at various times in 2021 and 2022.
The next phase of the campaign, which will focus on raising awareness of the illegality of threatening to share intimate images, is currently in production and will air in the coming months.
Raising awareness of the illegality of 'deep fake' intimate image abuse will be considered for future elements of the campaign.
