Dáil debates

Wednesday, 7 November 2012

2:30 pm

Photo of Michael McCarthyMichael McCarthy (Cork South West, Labour)
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I thank the Ceann Comhairle's office for allowing me to raise this issue, which I was prompted to do by the tragic events of recent weeks. Any future action in this area is already too late for the two young teenagers who were victims, in the true sense of that word, of horrifying instances of cyberbullying. There is hardly a Member of this House who does not have some type of presence on social media, whether Twitter, Facebook or otherwise. Many teenagers have almost unlimited access to the Internet and spend a great deal of time on it every day. Social media sites are a substantial component of many young people's social interactions.

For the second time in six weeks, we have seen the death by suicide of a teenager as a consequence of the distress caused to them by cyberbullying. The devastation of these deaths for their parents and wider family, friends and communities is absolutely unfathomable. We as legislators can no longer stand idly by and protest that the Internet cannot be policed and we cannot do X or Y. The time has come to address the issue with the urgency and sensitivity it requires. We must look at ways of getting around the difficulties that present in tackling this issue. It is incumbent on this Legislature to fulfil its duty to the citizens of our Republic to protect young people and safeguard their self-esteem and mental health.

There must be explicit legislation in this area. I accept that it is impossible to eliminate this type of activity entirely - we must be practical and realistic - but there is an onus on us to put measures in place that will at least begin the fight-back against this absolutely appalling and despicable activity. The popularity of social media websites has boomed in recent years in this country, an unfortunate consequence being that the prevalence of cyberbullying has likewise increased. The frightening reality of cyberbullying was documented by the anti-bullying centre at Trinity College Dublin earlier this year, with survey results showing that one in four girls and one in six boys have experienced cyberbullying, either as a victim or a perpetrator. These are very harsh statistics. Unlike traditional schoolyard bullying where individuals squared off against each other, the perpetrators of cyberbullying are usually anonymous, which can reduce the empathy felt towards the victim and removes many of the traditional restraints on bullying behaviour. Cyberbullying is 24-7 by nature, persisting long after the child has left the schoolyard.

Laws specifically designed to protect victims of cyberbullying and stalking now exist in the United Kingdom and the United States. It is entirely possible to offer some limited protection under, for example, the Offences Against the Person Act.

However, it is now clear that this is insufficient and we have to go the extra mile. A new defamation bill is currently being dealt with in the House of Commons and represents a radical reform of the libel laws in that country. It contains a provision that legally compels Internet service providers to reveal the identity of those who post abusive and defamatory online messages. In return, Internet service providers will be given greater protection from being sued if they help to identify cyber bullies.

The State plans to build a new national children's hospital and, this Saturday, citizens will vote on a constitutional referendum on children's rights. This is the next logical step and there is both an urgency and necessity around this issue.

2:40 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I would like to start by thanking the Deputy for raising what is a very important issue. I am aware of the growing public concern, especially after a number of recent tragic cases to which the Deputy has referred. Let me, at the outset, express my heartfelt sympathy to the families involved who have been affected by events that we are aware of and which have featured in public discussion in recent days.

Cyberbullying is a manifestation of bullying and refers to instances where it is carried on using modern technology or, more correctly, abusing that technology. It seems more prevalent among younger people but it is not confined to that group. The anonymity of cyberspace lends itself to individuals being bullied and abused by those who feel safe in the anonymity afford to them.

Bullying is essentially a form of harassment and, as such, falls within the provisions of the Non-fatal Offences against the Person Act 1997. Section 10 of the Act sets out the details of the offence and there is no doubt that bullying using technology, or cyberbullying as it is generally referred to, falls within the term "harassment". I therefore believe the current law can be used to address the problem. However, I have been made aware of difficulties in bringing successful prosecutions under section 10, especially around the need to demonstrate persistence in the harassment. I have asked the Law Reform Commission to examine this difficulty and I await its conclusions.

I understand that the issue has already been examined elsewhere, including in Scotland and Australia, and I hope that we can learn from those jurisdictions. The Deputy referred to the position in the UK. I understand the difficulty I referred to about proving persistence has been addressed, but I am not aware of any current initiatives to change its laws to address cyberbullying in particular. Cyberbullying is an extension of the bullying that has occurred, and still occurs, with texting. The latter is another means for people anonymously to put young people under pressure.

I would urge anyone who is the victim of any kind of bullying, including cyberbullying, to report it to the Garda Síochána. I would also urge parents and other family members to support and encourage victims in doing so and to make complaints to gardaí where appropriate to facilitate the Garda Síochána in bringing prosecutions. It is not simply a question of telling gardaí, but where a crime has been committed the Garda Síochána needs parents to make a formal complaint so that as a result any investigation has the capacity to bring about a prosecution.

I realise, however, that many may also require assistance in coming to understand and deal with the problem. In that respect, I think it worthwhile to refer to several of the services available from a variety of sources. Of course, as a first requirement, parents and teachers must develop an awareness of bullying and must be especially aware of how mobile telephones and other equipment and means of communication can be used to intimidate and harass young persons.

The Safer Internet Programme, which is administered by the Office of Internet Safety in my Department, supports helplines for parents and teachers run by the ISPCC, the National Parents Council (Primary), and Technology in Education, which was formerly the National Centre for Technology in Education. Technology in Education also has a website for children. In their visits to schools under their primary schools programme, gardaí also highlight cyberbullying.

The Safer Internet Day takes place in February each year. It is an international event with an agreed theme. The theme for 2013 is "Connect with Respect" and I expect the emphasis will be on using technology in a friendly, respectful way. All of us who are working with children and young people must encourage and promote that message at every opportunity.

The law has a role to play and I hope we can increase its effectiveness in the context of any reforms that may arise from the Law Reform Commission's deliberations. I cannot emphasise enough, however, the importance of constant vigilance by family and teachers, the need constantly to remind young people themselves of the damage that bullying in any form can cause, and the need to take it very seriously. All too frequently, allegations of bullying are not taken with the necessary seriousness by adults who hear about them. Indeed, all too frequently, schools fail adequately to address instances of bullying that are reported to them.

Heightened public awareness of the problem can only contribute to a recognition that such behaviour is completely unacceptable, whether it occurs in schools, the workplace or elsewhere. The sad reality is that children can be very cruel to each other, as can adults. The anonymity of cyberspace affords a unique opportunity for those who want to do down others, or for those who themselves have been victims of bullying, are damaged by it and now want to identify victims to target. It is all too easy to use this medium in that way.

The important thing is that young people who find themselves at the receiving end of bullying on a particular social media site understand that there is no compulsion to access that site. It does not have to be part of a person's life that they visit such a site daily to see what someone is saying about them. There is a world outside cyberspace.

An additional issue, which is not given adequate consideration, is the extent to which today, in what is a very new world, people's lives - both adults and children - can be dominated by social media outlets and cyberspace connections, as opposed to them actually getting on with the real world. They can create an artificial environment in the context of which they become victims.

I feel particularly strongly about this issue. It is not just about the law or the Garda, it is about families and hearing teenagers' voices when they say they have a difficulty. It is also about properly reporting it and following up on such reports. In addition, it concerns primary and secondary school principals doing a great deal more to discourage bullying in the first place. They need to talk to young school students about their actions and the consequences. It must be ensured that this is not just a half-hour lecture that will be forgotten when the world moves on. Students should become engaged in projects so that the damage they can do, if they engage in conduct of that nature, is clearly understood.

Photo of Michael McCarthyMichael McCarthy (Cork South West, Labour)
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I agree with the Minister that there are many roles to be fulfilled not just by law enforcement agencies, but also by parents and schools. There is also a crucial issue concerning internet service providers. I commend the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald and the Minister for Education and Skills, Deputy Ruairí Quinn. The latter Minister has given a significant commitment to establish a forum to revise pre-1994 Internet anti-bullying regulations. The Minister, Deputy Fitzgerald, recently visited London where she witnessed how Scotland Yard have an entire room of computers monitoring what is happening online. She is also in contact with the Latvian Internet service provider concerning Ask.fm.com, which was specifically involved in the recent tragic and harrowing cases.

Unless we have explicit legislative provisions to outlaw the practice of cyberbullying it will continue. Unfortunately, however, I acknowledge that it can never be eliminated or fully outlawed. If it could be done, we would be doing so but we must begin the journey down that road.

Will the Minister indicate when the Law Reform Commission will come back with those specific proposals? I ask him to keep this issue on his Department's agenda and treat it with the urgency it requires.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I assure the Deputy that we will give this matter the urgency it requires. However, I do not want to enact laws that do not address the problem and which, in the end, just appear decorative. It is important that where Internet service providers can identify and prevent online bullying, they should engage and take whatever action is required. It is also important to deal with this from the human dimension and not simply the legal one. We should not imagine that by enacting a law this will all go away because this matter concerns human conduct. Some of those who bully online have themselves been victims of bullying, while others simply see targeting people as entertainment.

All Members can recall their own school days, when it was rare for a school to exist that did not have someone who was identified as the school bully. Unfortunately, the tragic reality is that targeting and bullying has even translated itself into public discourse in a whole range of areas and it is an interesting question as to what example that gives to young people and what impact it has on them.

All that said, it is terribly important to recognise that as a society in general, we wish to see young people benefit from the amazing new technologies that exist. New technology has had an overwhelmingly positive impact but we must ensure its use as a medium to cause distress to individuals, put them under pressure, make their lives extraordinarily difficult or contribute in any way to making a young person or adult take his or her own life is dealt with and addressed. However, one should not pretend these issues can be dealt with simply by the passing of a law.

I particularly thank the Deputy for raising this issue today, thereby giving Members an opportunity to touch on it, because that is all they are doing. I share the Deputy's view that interventions in this area by both the Minister for Children and Youth Affairs, Deputy Fitzgerald, and the Minister for Education and Skills, Deputy Quinn, are very important and welcome. The Government will work collegially to address the issue. On a personal level, I am convinced that a lot more must be done within the schools. The focus to an extent has been on what one does when one receives a report of bullying. I want to see a lot more being done to prevent bullying from taking place in the first place. A lot more should be done to ensure that young people understand fully or are taught to understand the consequences of thoughtless actions they may take, which they may simply perceive as being amusing or as a way of filling time, because people amusing themselves sometimes do enormous damage to those individuals who are the butt of their amusement.