Oireachtas Joint and Select Committees

Wednesday, 23 October 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Online Harassment and Harmful Communications: Discussion (Resumed)

Ms Elizabeth Farries:

I want to make it clear that the term "non-consensual sharing of sexual images", which I believe the Deputy is identifying here with respect to someone whose partner has distributed images without her consent, is inadequate. The use of the phrase "image-based sexual abuse" is better because it immediately and accurately conveys the significant harms entailed. The term "non-consensual sharing of sexual images" does not capture the lack of consent involved when the images are created in the first instance. It deals with the sharing aspect only. Many cases, including that of Dara Quigley, have been identified in which images were created without a person's consent. We need to be very clear about our terminology to ensure we draft effective solutions. Drafting effective solutions at the legislative level must involve setting out a specific civil wrong to address image-based sexual abuse and providing for accompanying sanctions. Legal aid options must also be made available to facilitate those who seek redress.

I would like to speak about privacy more generally. This committee has considered legislating for privacy as well. I want to make it clear that there is an established constitutional right to privacy and that privacy is a human right. That is codified. If it would be helpful to Ireland to put the right to privacy into State law to make it more clear to the Government how serious it is, I would not be opposed to it in principle. Consideration would need to be given to how it would be drafted.

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