Barry Ward (Dún Laoghaire, Fine Gael)
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Gabhaim buíochas leis an Aire Stáit as ucht teacht isteach chun déileáil leis an gceist seo. At first glance, "catfish" might sound like a non-native marine animal but this is something that has been brought to the fore in the past year or more by people using their power in the media. I refer in particular to the two Johnnies and journalists like Ellen Coyne, who have highlighted the practice of catfishing. This is a process whereby somebody uses an image or false identity online to dupe another person into believing he or she is somebody else and uses that knowledge to act against that other person. Catfishing is essentially where a person dupes another person online into believing they are somebody else. In many instances, it has happened in the context of online dating and romantic contexts but there is also a wider issue in respect of fraud and things like that.

In Ireland alone, there has been a great deal of discussion of catfishing. Most people will be aware of the GAA catfish story. In this case, one particular person is estimated to have duped around 40 people online into believing she was somebody else entirely and that she was in a relationship with them even though they had never physically met. For people who are not online and who are not dealing with the online world, this might seem strange but the reality is that people are increasingly living online. They are conducting their business online and conducting relationships online before they ever meet in person. This is, therefore, an area that is ripe for abuse and misrepresentation by nefarious people.

This false online presence and duping of other people is now happening an awful lot. As I have said, it was also highlighted by journalist Ellen Coyne in the "Cruel Intentions: Catching the Catfish" podcast. It leads to the people who have been duped feeling foolish and like they have done something wrong. They feel like they have not been careful enough or that they have been stupid when, in actual fact, the level at which this happens is extremely sophisticated and detailed. Listening to Johnny B. and Johnny Smacks on "The 2 Johnnies Podcast", the extent of and detail involved in what they describe as having happened is extraordinary. Any person could be hoodwinked by it. This not only leads to that person feeling foolish and that they have been duped, giving them a fear of bringing the matter to the attention of the authorities, but it equally affects the person whose image has been stolen. It must be remembered that the images used to dupe people online are images of real people, although they have been misused in the context of the catfishing. Those people are also affected by this. On the "Cruel Intentions" podcast, I heard of a young woman whose image had been stolen. She is afraid that, when going into a local coffee shop, she will be approached by someone who thinks they are in a relationship with her because her image has been used online. It damages a whole range of people, even if they are not involved and have done nothing wrong.

We can all recognise that this is wrong and immoral. What is extraordinary is that it is not illegal. It is clear that catfishing is not against the law in Ireland. When it goes into the wider realm of fraud and people are defrauded out of money, an offence is certainly committed under the Criminal Justice (Theft and Fraud Offences) Act 2001. There have also been attempts in these Houses, particularly by my former colleague, the former Senator, Lisa Chambers, to bring forward legislation to outlaw this practice but, at the moment, it is not against the law. Notwithstanding the fact it is immoral and patently wrong and that it damages a whole cohort of people, including both those whose images are stolen and those who are fooled online by stolen images, how can we expect to stop people from doing this and how can we expect anything to change if we do not make this illegal and introduce real consequences in the courts and in criminal justice legislation for people who do this?

Jerry Buttimer (Cork South-Central, Fine Gael)
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I thank Deputy Ward for submitting this very important Topical Issue. I am responding on behalf of the Minister for Justice, Deputy O’Callaghan. I commend Deputy Ward on his proactivity both here this morning and in the Seanad when he served there. I commend the former Senator, Lisa Chambers, and Deputy Ward on their work on this particular matter.

I acknowledge the important concerns raised by Deputy Ward regarding the dangers posed by online catfishing. He has rightly illustrated and outlined a number of prominent examples we have seen. The Internet has undoubtedly transformed our lives for the better, fostering global connections, enabling remote work and providing vital platforms for communication. This digital transformation has also introduced serious challenges, however, especially when it comes to online safety and personal security.

One of the fundamental risks of online interactions is anonymity. While anonymity can be a force for good in certain contexts, it can also facilitate harmful behaviour, including bullying, stalking, fraud and breaches of privacy. Catfishing exemplifies this darker side of online engagement. As Deputy Ward has said, it is where individuals create false identities to deceive others, often with devastating consequences. Deputy Ward is correct; it is about the damage, the immorality and the fear it creates. Victims of catfishing experience significant emotional distress, financial loss and, in some cases, reputational harm. These cases are not isolated to one victim alone. Those whose identities are stolen also suffer. As more relationships and interactions begin online, it is crucial we explore ways to protect individuals from this deceptive practice. We are talking about people here. I hope the Department will reflect on the points Deputy Ward made in his contribution.

The Government has already taken significant steps to enhance online safety through various regulatory measures. The EU Digital Services Act is a key framework ensuring online platforms take greater responsibility in preventing harmful activities and protecting users. Nationally, the Online Safety and Media Regulation Act marked a turning point, shifting the burden from self-regulation to enforceable accountability. Coimisiún na Meán, the new media regulator, has recently adopted its online safety code, which mandates video-sharing platforms to curb harmful content and introduce stronger reporting mechanisms. We all share the view that some of those entities could do a lot more work in that area. In addition, our criminal justice framework has been strengthened. The Criminal Justice (Miscellaneous Provisions) Act 2023 has broadened harassment laws to include impersonation and the unauthorised disclosure of private information. The Harassment and Harmful Communications Act, or Coco’s Law, further criminalised abusive online behaviour while existing fraud legislation already penalises impersonation for financial gain.

It is essential these laws are fully utilised and enforced. Education and awareness also play a vital role in ensuring Internet users, particularly young people, recognise the signs of deceptive behaviour and protect themselves accordingly.

This debate is an opportunity to reflect on any remaining gaps in our legal and regulatory framework. The Deputy highlighted a number of these, in particular the issue that catfishing is not against the law. It is important we all ensure our response remains robust and that victims of online impersonation have the protections and recourse they deserve.

Barry Ward (Dún Laoghaire, Fine Gael)
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I welcome the acknowledgement of the seriousness of what I said. I welcome the fact the Minister of State and the Department acknowledge that catfishing is wrong. I also recognise that the Minister of State said it is not illegal. I was in these Houses when we passed Coco's Law, but Coco's Law does not stop this from happening. The various legislative instruments to which the Minister of State referred do not stop this from happening. At the end of the day, this is illegal. I welcome the fact he acknowledged that it can cause significant emotional distress, financial loss and, in some cases, reputational harm. These are all serious issues. The Minister of State is right to say this is an opportunity for us to reflect on this issue, but let us stop reflecting and actually do something. Let us pass laws that make this illegal.

The Minister of State referred to emotional damage and distress and financial loss. Arguably, financial loss is covered by provisions within the theft and fraud offences Act. I am less worried about that, but the emotional distress that is totally unaddressed by the law at present cannot be allowed to go unanswered. The reputational damage the Minister of State mentioned also cannot be allowed to go unanswered. There are arguably defamatory aspects to it, but let us put legislation in place that specifically states catfishing is not allowed. Let us define what it is in legislation and let us acknowledge the damage it does both to the people directly affected by it through being duped online and those whose images are falsely used to catfish. Let us acknowledge that harm. Let us stop reflecting and let us say this is illegal and, when somebody does this, there will be serious consequences for that person in our courts, including prison time and substantial fines. Perhaps most importantly, there will be a mechanism to stop it. At the moment, if I go to Twitter, Instagram, any of the online platforms or any of the Internet providers, I cannot get them to stop somebody using my image. Let us be honest, nobody wants to use my image, but we cannot stop images from being used illegally because we have not passed the requisite law. Let us pass a Bill. Let us make this illegal.

Jerry Buttimer (Cork South-Central, Fine Gael)
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I reiterate that online catfishing is not a trivial issue. It is a very serious matter that has a real and lasting impact on the victim both emotionally and financially. The anonymity the Internet affords cannot be an excuse for deception and harm. I fully agree with the thrust of what the Deputy said. While we have strong legislative measures in place, we must continue to assess whether further steps are needed. I hope this debate will be a stepping stone and starting point. The enforcement of our existing laws is critical and public awareness must remain a priority. Education campaigns, guidance from regulators such as Coimisiún na Meán and vigilance from online platforms are all essential components of the broader strategy. At the same time, personal responsibility is key. Simple precautions, such as verifying online identities, being cautious with personal information and reporting suspicious behaviour can help mitigate risks. Nobody should feel unsafe or deceived when engaging online.

It is important we strike a balance between protecting legitimate anonymity and preventing the exploitation of others. The points made by the Deputy are ones we need to take cognisance of. As legislators, we have a duty to ensure victims of online deception have the protections they need, including that suite of measures the Deputy spoke about, and that those who engage in catfishing are held accountable for their actions. This discussion is an important step in ensuring our laws continue to evolve in response to the challenges of the digital age.

The Deputy is right. Catfishing cannot be allowed or condoned in any shape or form. The people affected are not anonymous. They are people we all know. They are victims and we need to ensure they are protected. I thank the Deputy for bringing this matter to the House. I look forward to working with him and the Department of Justice in ensuring we can enhance whatever suite of measures we need and protect the people we need to. I thank the Deputy.