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Dáil
‹ Leaders' Questions

Online grooming and cyberbullying law

Summary

Deputy Howlin calls for urgent modernisation of the law on harmful online communications, citing grooming, cyberbullying and revenge porn. The Tánaiste agrees action is needed but says the issue is complex, international in scope, and requires balancing child protection with the benefits of technology and the responsibilities of online platforms.

The horrific criminal case of a 26 year old man who has pleaded guilty to grooming girls as young as nine has shocked the country. It follows a number of recent news reports on the types of harmful communications that new technology has enabled. These range from the appalling case that I just referenced to the insidious type of cyberbullying that is now a grave concern for many parents throughout the country and the impact so-called revenge porn has had on both men and women. However, our laws are hopelessly out of date and there has rightly been a public demand for us in this House to act. The Internet and social media are a wonder of human ingenuity that have brought people closer together, but clearly they have a dark side. In the vacuum of no clear Government policy, we had a Minister of State make the ludicrous suggestion that social media accounts should be tied to public service cards.

In 2013, the then Minister with responsibility for communications, Mr. Pat Rabbitte, set up an Internet expert group on Internet conduct and governance. The group's report made a series of structural, legislative and administrative recommendations, including that the existing offences of sending messages which are grossly offensive or indecent, obscene or menacing should be updated to include new forms of electronic communication. As the law stands, only phone calls and texts are covered.

In 2016, the Law Reform Commission report on harmful communication and digital safety was published. It highlighted gaps in the criminal law, in particular those relating to newer forms of communication. Last year, the Labour Party published our harassment, harmful communications and related offences Bill which is based on the Law Reform Commission report. We intend to bring that Bill before the House next Wednesday during Private Members' time. However, the second part of the Law Reform Commission recommendations that we need a digital safety commissioner is outside the scope of a Private Members' Bill because it would be a charge on the State. The Irish Examiner reports today that the Government will appoint a digital safety officer. I assume this will be modelled on that in the Law Reform Commission report. However, the Government's legislative programme is silent on the matter.

I have two simple questions for the Tánaiste. What exactly is the Government proposing? When will we see a digital safety officer in place on a statutory basis? In the interim, will the Tánaiste confirm that the Government will support the much needed reform outlined in the Law Reform Commission report which we encompassed in our Bill to be brought before the House next week?

Comment on this
Simon Coveney The Tánaiste Fine Gael

The Government shares the Deputy's concern in this area. I share it as a politician but also as a father of three girls who know how to use my mobile phone as well as I do, despite the fact that the oldest is aged just eight. This results in a conversation in virtually every family in the country about how we get the balance right between allowing our children access to technology and protecting them from the dangers of exposure to grooming, cyberbullying and explicit information and imagery.

This is a challenge the Government wants to respond to in a comprehensive way. The position of the Minister for Communications, Climate Action and Environment, Deputy Denis Naughten, on the question of a digital safety commissioner has been widely reported. He is currently exploring and consulting on the need for, feasibility of and requirements relating to the creation of the office of digital safety commissioner. We have not yet had the conversation in Government on what it will look like, what it will cost and when it will happen, but I expect we will have it very soon. The Minister is committed to that course of action and I suspect he will get strong support across Government for it.

On Tuesday, 21 November the Minister convened a meeting of the Minister for Justice and Equality, the Minister for Children and Youth Affairs and their officials which covered online safety issues, including various initiatives taking place on a national and European level to tackle illegal and harmful online content. A planned open policy debate will take place on 8 March in the Royal Hospital Kilmainham on this specific issue to develop and finalise Government policy in this area. We look forward to the Labour Party's Private Members' Bill next week and to hearing how the Labour Party feels we can progress this issue.

Comment on this

The Labour Party Bill is built on the recommendations of the Law Reform Commission report. While it is not within our power to propose the establishment of the digital safety commissioner we can, in the next few weeks, update our antiquated law to include the offences of sending grossly offensive, indecent, obscene or menacing communications to new modern technology. The Oireachtas has already made that law in relation to older technologies such as telephone and texting so we should do that immediately. Then we should set about, as quickly as we can, putting a digital safety commissioner in place. The blueprint is there from the Law Reform Commission. The nation believes the time for debating this is well past. The Law Reform Commission made its recommendations in 2016. It is now time for action.

Comment on this
Simon Coveney The Tánaiste Fine Gael

I accept that it is time for action but it is not as simple as some people might suggest.

Comment on this

The Law Reform Commission is not simple.

Comment on this
Simon Coveney The Tánaiste Fine Gael

I am not suggesting we ignore the Law Reform Commission recommendations. This is an international, as well as a national, problem and a lot of the imagery to which children and adults are exposed online does not actually come from Ireland but from further afield. We need to look at the responsibility of those who are responsible for online platforms to see how we can screen and remove inappropriate information and protect people in an appropriate way while ensuring we enjoy the benefits of technology. It is difficult to get the balance right and most Western democracies are struggling with it. There are practical and sensible things that we can do quickly and I look forward to the Minister bringing recommendations to Government, where he will get strong support from the Taoiseach down.

Comment on this