Dáil debates

Wednesday, 31 January 2018

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

 

4:05 pm

Photo of Michael CollinsMichael Collins (Cork South West, Independent) | Oireachtas source

I am very grateful to have the opportunity to speak to this important Bill and commend my colleagues in the Labour Party for bringing it forward. It aims to update and reform the criminal law in a technology neutral way as it applies to online and offline communications. These recommendations came from the Law Reform Commission's detailed report entitled, Harmful Communications and Digital Technology. It is particularly important that we update the laws on technology and electronic communications. Technology has advanced at a rapid pace in the past ten to 15 years. It is frightening to realise our laws have in no way kept up with these advances. The last occasion when the law on harassment or harmful communications was dealt with was at the time of the invention of the text message.

There has been a plague of mental health issues among the younger generation. Many say social media, online harassment and harmful communications are at the root of it. Tragically, only last week, we read about a 21 year old girl who had taken her life owing to online bullying and harassment. It was not the first case of someone taking their own life as a result of this type of harmful communication, but it must be the last. People treat social media as a free-for-all, on which they can say what they want with no repercussions. It is high time that the law dealt with these bullies and offenders. The Bill provides that a person who, intentionally and without lawful authority or reasonable excuse, persistently follows, watches, or pesters another person, or persistently communicates with another person is guilty of harassment where these acts cause alarm, distress or harm to the other person. It also regulates the unlawful distribution of a person's private and intimate images without consent. These proposals which amend the Non-Fatal Offences against the Person Act 1997 and involve punishment with a term of imprisonment of between 12 months and seven years for engaging in harmful communications are much needed.

I wish it was the case that such a Bill was not necessary and that the issues I have raised did not arise but, unfortunately, they do. I support the Bill and the proposals made by other colleagues in the Dáil who intend to introduce similar cyber-safety legislation. Our laws must keep up to date with advances in technology.

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