Dáil debates

Wednesday, 31 January 2018

Harassment, Harmful Communications and Related Offences Bill 2017: Second Stage [Private Members]

 

3:35 pm

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

Táim ag roinnt leis an Teachta Denise Mitchell agus an Teachta Brian Stanley. Tógfaidh mise cúig nóiméad.

Ar an gcéad dul síos, cuidím leis an mBille seo.

I thank the Labour Party, and Deputy Howlin in particular, for tabling this Bill. Given the headlines and public debate of recent weeks that a number of Deputies alluded to, as well as Deputy Jan O'Sullivan's eloquent reference to the case of Zoe in her constituency, there is concern among the public. We need to reflect on that.

This legislation is valuable. It updates the law in significant ways and introduces new offences. My colleague, Deputy Jonathan O'Brien, drafted similar legislation last year, although it was never moved. The Law Reform Commission, LRC, which regularly produces valuable proposals, created the paper from which this Bill draws significantly.

As a few Deputies have reflected on, the Internet is a public space. It creates great value but also great challenges. It has already changed our relationships with one another to a large extent and will continue to change public life in ways that we are yet to imagine. That applies across a wide range of areas. Deputy Kelly mentioned how he used to be an online consultant in 2007 or so. I was doing my leaving certificate then. Although it was only a little over ten years ago, it may as well have been a generation ago. To all intents and purposes, it was a different generation from an online point of view. In terms of apps and behaviours, 2007 was like the Dark Ages by comparison. The pace of change will continue to increase.

In that context, we need a measured, proportionate and sensible response. This Bill is a part of that. While we face significant challenges, there is no sense or value in a moral panic. It would not assist us in resolving the difficulties. We need legislation that criminalises behaviours that deserve to be criminalised, increased resources for the relevant offices and legislation that ensures corporate responsibility. The Taoiseach has correctly said that there is a role for the major providers and platforms. If they are not going to perform it voluntarily, they need to be made to perform it. There is also a role for society and culture to develop where this issue is concerned. The matter is multifaceted, but this Bill plays a valuable role.

Measures that are not practical and sensible will not work. Putting in place measures that we believe protect young people but in reality just force them into finding other ways of accessing materials is not the approach to take. Balance is required.

I commend the Bill. It is a necessary updating of the law. Section 4 in particular is significant. It deals with what is often called "revenge porn" by imposing a sentence of up to seven years for distributing that kind of material or using it for blackmail purposes. It is right and proper that these be serious criminal offences, as they can create considerable trauma. It is a crime of great violence in many respects.

Section 6 deals with the liability of corporations. They can play their role voluntarily, but if they are not willing to do so, legislation will be required.

Section 11 deals comprehensively with the protection of privacy, which is important. The other sections update legislation dating from 1951, as the types of communication that exist today did not exist back then, and relate to policing behaviours in that regard.

My legislation, which I hope to move soon, proposes an office of a digital safety commissioner. Stemming from the same LRC paper, it would ensure that digital service providers - websites, social media platforms and so on - abide by minimum codes of practice and national digital safety standards. Central to that would be take-down mechanisms to remove the harmful communications referred to in this Bill. I hope to move my legislation soon and that the Government position on same will be made known.

Neither the digital safety commissioner nor this Bill is a silver bullet. Much more is required. However, both can play a significant role. I hope that the Government supports this legislation and continues to move in that direction.

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