Michael Moynihan (Cork North West, Fianna Fail) | Oireachtas source

I welcome the publication of the report on addressing the growth of social media and tackling cyberbullying. Fianna Fáil believes action must be taken to address the growing problems of cyberbullying. The State cannot disregard its responsibility in this area by saying that social media is too difficult an area to regulate. The practical steps outlined by the Oireachtas committee on this issue should be embraced and taken seriously by all concerned. The committee recommendations are wide ranging and would go some way to addressing the current difficulties in this area. The recommendation that child protection guidelines would incorporate guidance for all professionals working with children, to aid them if they encounter issues relating to cyberbullying and inappropriate use of social media, is good one should be acted on as soon as possible.

Similarly, the recommendation supporting and reiterating the recommendation contained in the action plan on bullying that the definition of bullying in the new national procedures for schools should include a specific reference to cyberbullying is necessary and timely. It is clear that there is a need for guidelines specific to cyberbullying to be put in place, so that school principals, who are dealing with instances of cyberbullying, have a clear protocol to follow. This common sense proposal must be welcomed.

Employers also have an important role to play in putting in place a social media policy which can guide management when serious issues arise. There is a need to outline what constitutes cyberbullying and what actions will be taken in the workplace if there is a breach of such a policy. Employers must be made aware of the importance of introducing a social media policy given its presence in every aspect of daily life. It is important that employers are aware that cyberbullying falls within the definition of harassment, and section 10 of the Non-Fatal Offences Against the Person Act 1997 may apply in such cases.

Fianna Fáil very much welcomes recommendation No. 5 of the committee's report, that a review of international best practice on the registration of prepaid SIM cards be carried out by the Government. This would be with a view to exploring the feasibility of preventing the use of these cards for malicious or illegal purposes. It is common practice in Europe to have to register one's ownership of a particular SIM card, which prevents the anonymous use of numbers when the number has been used for illegal purposes. However, it is important to strike a balance on regulations in this area.

With regard to recommendation No. 6, which states that a single body be given responsibility for co-ordinating the regulation of social media content, I put forward to the House that the feasibility of this proposal be examined by industry and the Government. The final recommendations are with regard to the continuous updating of information for professionals who deal with victims of cyberbullying. This is common sense and must be implemented as soon as possible.

As the House may be aware, Fianna Fáil is proposing legislation in this regard which would represent a major shift in the law to protect people, particularly children, from cyberbullying. Under the legislation proposed by our party's spokesperson on children and youth affairs, Deputy Robert Troy, it would be an offence to engage in cyberbullying and it would also be an offence to assist or encourage it. This would be the first time the offence of cyberbullying would be defined in Irish law. The legislation would address the fact that cyberbullying only has consequences for the victims. This is wrong and now is the time to ensure there are also consequences for the perpetrators. A report by the special rapporteur on child protection states that the growth of cyberbullying has almost overnight created a readily accessible forum for bullies to target children, with little or no regulation or sanction. There is no question that cyberbullying and the emergence of online hate campaigns are a major issue, particularly for teenagers. We need a strong basis in law to help tackle it. The tragic deaths of a number of children who were allegedly the victims of cyberbullying underscore the need to address this for the health and well-being of young people.

As the report states, a recent survey found that incidences of cyberbullying among Irish teenagers were among the highest across 26 European countries surveyed. Cyberbullying is carried out through text messages, pictures, video-clips, phone calls and e-mails, on social media, in chat rooms and through instant messaging. Fianna Fáil's proposed legislation would make cyberbullying a specific offence for the first time in Irish law. It would make provision for parents to attend mandatory parenting courses and only provides for criminal prosecution where a parent continuously and knowingly permits cyberbullying by a child. Our legislation states that parents will be deemed to have committed an offence where they know cyberbullying is taking place and do not take any steps to stop it. Any parent found guilty of cyberbullying would initially be required to engage with parenting courses, but in serious and persistent cases people could face a prison sentence of up to two years or a fine of up to €20,000 or both. It is important to state that trials of those aged under 18 would be dealt with in the Children's Court.

There is a balance to be struck in how we deal with cyberbullying. This much is clear. Awareness campaigns and better education are essential, but strong sanctions are also needed to act as a deterrent. Failing to tackle the issue head-on will only result in more distress for the people targeted by bullies. I welcome the report and I thank all those who contributed to it. I thank my fellow members of the committee for the amount of work and dedication they put in to it. I commend the report to the House, but we need to see action taken on its recommendations.

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