Professor Donncha O'Connell:

The Senator is correct is commenting that this is a difficult area for the Garda. It is also a very difficult area for an individual to report because of the nature of the offence and the fact the perpetrator focuses on shaming someone. This creates a difficulty. We propose in section 4 of the Bill what we define as actual or threatened distribution or publication which intentionally or recklessly seriously interferes with the peace and privacy and causes alarm, distress or harm, and would be viewed as such by a reasonable person. There is a threshold to be crossed then. We do say, however, that this can be a once-off offence and does not have to be persistent, as would be the norm with harassment-type offences, while acknowledging that it can be more than a once-off. When it comes to punishment, we propose a class A fine, 12 months' imprisonment on summary prosecution or both, or an unlimited fine, up to seven years' imprisonment for a prosecution on indictment or both. That provision of the Bill includes quite a strong legislative underpinning for anyone investigating such an allegation and thinking of bringing a prosecution. This is not in any way to underestimate or understate the contextual difficulties around a crime of that nature. It is, however, very important that we name it as a crime. This is what we propose here and this has been publicly welcomed by some victims of that offence who have themselves gone public.

On the code and what people do now, people have civil remedies available to them. In a sense, what we are proposing would supplement what is there already. If somebody is defamed in social media, he or she is not prevented from suing for that. We have engaged with the companies, and they spoke at the April 2015 event we had. The Chairman made the point in the previous session about the presence of these companies in significant terms in this jurisdiction, possibly providing an advantage to greater engagement with them. As regards the interaction with the Minister, the previous Minister for Justice and Equality, Deputy Frances Fitzgerald, was quite keen on this and the Departments of the Ministers, Deputies Denis Naughten and Charlie Flanagan, are working on this as we speak. I do not know whether there has been formal contact.