Oireachtas Joint and Select Committees

Tuesday, 1 December 2020

Select Committee on Justice and Equality

Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I move amendment No. 3:

In page 3, between lines 15 and 16, to insert the following:

“2. In this Act—

“broadcast” has the meaning assigned to it by the Broadcasting Act 2009;

“distribute” means distribute to the public or a section of the public;

“intimate image”, in relation to a person, means any visual representation (including any accompanying sound or document) made by any means including any photographic, film, video or digital representation— (a) of the person’s genitals, buttocks or anal region and, in the case of a female, her breasts,

(b) of the underwear covering the person’s genitals, buttocks or anal region and, in the case of a female, her breasts,

(c) in which the person is nude, or

(d) in which the person is engaged in sexual activity; “harm” includes psychological harm;

“publish” means publish, other than by way of broadcast, to the public or to a portion of the public.”.

Section 2 is the interpretations section. Amendment No. 3 proposes to delete the section in its entirety and to substitute it with a new section that contains some different definitions. This raises issues with the amendments to the definitions proposed by the Deputies, which we will discuss. I assure them that what they are seeking to achieve has been dealt with by amendment No. 3. I ask them for their support. With reference to Deputy Howlin's comments earlier, what the amendments are proposing is, I believe, being covered in the deletion and insertion of a new section in this Part.

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