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Seanad
‹ Order of Business

Cyber harassment law

Summary

Senator Noone highlights inadequate Irish law on the non-consensual publication of intimate images and calls attention to victims’ lack of protection.

I join Senator Terry Leyden in calling for a debate on the cost of motor insurance.

I heard a victim of cyber harassment on radio, an interview which colleagues may also have heard. I was shocked to hear how the young woman concerned had endured an outrageous violation of her privacy when explicit pictures and a video were posted online by a disgruntled ex-boyfriend. She was completely unaware that she was being filmed and that the film was online until somebody pointed it out to her. The investigation and prosecution of this activity are very poorly provided for under Irish law. This leaves the Garda with limited scope to act in such circumstances. Thankfully, Irish legislation is very strong for child victims, especially in the case of the distribution of child sexual images. However, protections are far weaker for adults who have been seriously victimised on social media or online, including being depicted in intimate private photographs and videos. Last year the United Kingdom passed legislation which made it illegal to disclose a private sexual photograph or film without the consent of the person depicted. In the United States 34 states have revenge porn laws in place, while Australia and New Zealand have also recently introduced state laws criminalising it. Recent amendments to the 1951 Post Office (Amendment) Act which criminalises the use of a phone for harassment purposes include text messages sent by phone. However, it is unclear if suspect activity on social media conducted online via a smartphone is covered by the legislation. Because of the lack of prosecutions, there is no case law. It is totally unacceptable that there is no legal deterrent in this country for anyone who wishes to violate another person's privacy in the most explicit way. I am calling for the introduction of legislation in line with that recently introduced in the United Kingdom to provide adequate protection for adults from the scourge of cyber harassment and revenge porn. This affects women, men and teenagers and should be taken more seriously.

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