Oireachtas Joint and Select Committees
Wednesday, 16 October 2019
Joint Oireachtas Committee on Justice, Defence and Equality
Online Harassment and Harmful Communications: Discussion (Resumed)
Mr. Ronan Lupton:
The Deputy is correct in terms of the subjective assessment of what is harmful and what is not. However, the State has a job to do to implement the recommendations of the Law Reform Commission and the Internet content government advisory group in having somewhere for people with subjective complaints to go. I think the Deputy is making the point that we cannot codify a criminal offence of bullying in law. I agree with him. We have a harassment offence and a form of oppressive conduct offence, but parents and other individuals do not have a place to go to state they have a problem with certain content and ask that it be assessed and the necessary steps be taken in the civil vocabulary of law to stop what is going on, whether it be with a host platform provider or by way of referral to the criminal justice authorities. I have made the point that the Minister for Justice and Equality has stated it will never be the case that criminal justice matters will sit with an online tsar. He is correct in that regard. I acknowledge the Deputy's point that it is a subjective issue. Can one codify an offence of bullying and not open the floodgates? I do not think one can.
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