Dáil debates

Wednesday, 31 January 2018

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

 

3:45 pm

Photo of Brian StanleyBrian Stanley (Laois, Sinn Fein) | Oireachtas source

This is a welcome and timely Bill, given how social media and new forms of communication have grown rapidly but the law is yet to catch up. It is an area that will inevitably lead to a body of case law and require greater legislative action. This is not just about updating existing criminal law. The online communications world will need its own regulatory and governance structure.

Sinn Féin introduced a Bill on this important issue last year. Its proposals were in line with those contained in the LRC's 2016 paper and aimed to establish an office of a digital safety commissioner as a stand-alone body. Our Bill also proposed to establish an advisory committee on a statutory basis. Of the committee's membership, 50% would come from civil society organisations, 25% from industry organisations and 25% from the relevant Departments and statutory bodies. The issues of independence and digital governance would be essential.

Social media has brought in equal measure great freedom of expression, which is welcome, and an easy avenue for those with wrong intent. Unfortunately, we have seen the latter in a number of court cases in the past week or two. We will have to balance against political interference and restrictions on political expression and the vital protection of the individual and organisations from abuse and exploitation. Balance may best be achieved independently of the Government. We already regulate other areas in this way, for example, energy. There may also be a role for the Garda.

The key to dealing with online abuse, of which we have seen much, is addressing its anonymous nature. Keyboard warriors hide behind their anonymity. While I realise the difficulty in dealing with this area, accounts linked to specific individuals or businesses will not hamper freedom of expression.

It will create greater accountability and help to protect people from exploitation and abuse. That is the key to this. I welcome the opportunity to speak on the Bill and thank the Labour Party for bringing it forward. I hope the Bill can be progressed through the Houses in a speedy manner.

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