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:

That is right. I want to add to that and I apologise if I am trampling on my time allowance. If there is a situation with a person who may be unable to afford to go to the courts, there are certain classifications of civil litigation that are not covered by the provisions of free legal aid. Defamation is one of them. It is often found that someone is either subject to an action where he or she has allegedly defamed somebody or vice versaand he or she cannot afford to bring the action. That intermediary body - and I know the ICGAG recommended certain reforms on bodies, as did the Law Reform Commission, LRC - but a form of one-stop-shop would go a long way to fulfilling that duty to care. I come back to the issue of bullying as raised by Deputy O'Callaghan. It might be that somebody in that unit assesses the communication and decides there is no grounds for a report and there is nothing to see, and in the next report the assessor might decide it is a serious issue that is continual and is a harassment offence. The assessor could then assume the shoes of the complainant and pursue the claim, which might be useful. In that case, will the State fund the budget on that sort of function? We have seen anecdotal evidence on what the treatment of the DPC, that regulates three quarters of global tech companies, is. It has to be taken seriously, both from a Department of Public Expenditure and Reform point of view and from a Department of Justice and Equality perspective. I said in the witness statement that there is a role for that function and it marries closely to the point I made about duty of care in response to the Deputy's question.

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