Oireachtas Joint and Select Committees
Wednesday, 2 October 2019
Joint Oireachtas Committee on Justice, Defence and Equality
Online Harassment and Harmful Communications: Discussion
Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source
If one looks at it from a civil point of view, the woman's privacy has been breached. If one looks at it from a criminal law point of view, if we introduce a new offence then the criminal law would have been breached. It seems to me that the mechanism to give effect to her remedies and criminal liability is an online regulator. If we look at it in the civil law context, the woman should be able to make a complaint about these intimate photographs to an online regulator, confirming that she did not give consent for them to be posted online and requesting that they are taken down. The benefit of that, from her point of view is that unlike with the law of privacy, she does not have to disclose her identity by going to court. An online regulator in that context would assist her in getting a remedy.
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