Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

If those photographs were published in a national newspaper, then the newspaper would be liable for breaching her privacy. Part of the problem is that technology companies do not believe they are publishers. A newspaper is obviously a publisher but technology companies claim that they are not publishers but are servicing their communities. There are online communities and the companies are just facilitating them.

Let us look at this now in a criminal context. At present, the act in question is not criminal. Potentially, it could be harassment but Ms Counihan is probably right in saying that there is no persistence to it, unless the repeated posting of the images could be viewed as persistent. However, under the criminal law, I think it would be extremely difficult to secure a prosecution. Would Ms Counihan agree?