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Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: If those photographs were published in a national newspaper, then the newspaper would be liable for breaching her privacy. Part of the problem is that technology companies do not believe they are publishers. A newspaper is obviously a publisher but technology companies claim that they are not publishers but are servicing their communities. There are online communities and the companies are...

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: Say it is an adult, a woman over 18-----

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: Do our guests agree that the law should be changed to criminalise the type of behaviour I outlined in the example?

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: Who does Ms Counihan think is the offender in terms of that prospective offence?

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: Let us take the example again. If the images were published in a newspaper and they related to a child, the newspaper would be criminally liable, would it not?

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: It would be extremely difficult to hold a social media company criminally liable for the posting online of an intimate photograph when what makes it criminal is the fact that consent was not given by the woman in the photograph.

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: To go back to the example I gave earlier, let us say the ex-partner posts the intimate images online without the woman's consent but does so from an anonymous social media account. At present, is there any mechanism, other than An Garda Síochána going to court or to the social media company, for identifying the person who committed the offence?

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: If one looks at it from a civil point of view, the woman's privacy has been breached. If one looks at it from a criminal law point of view, if we introduce a new offence then the criminal law would have been breached. It seems to me that the mechanism to give effect to her remedies and criminal liability is an online regulator. If we look at it in the civil law context, the woman should be...

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: In fairness, from the social media company's point of view, there is a benefit in having an online regulator in that instance because it means the company is spared the expense of being brought to court. It is informed through an efficient mechanism at an early stage that there was no consent for these intimate images to be online. If the company does not comply with that, then civil...

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: Feel free, if anyone else would like to come in on the discussion.

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: I agree with Mr. Church. To return to the example I gave, what Professor Carthy suggested in his paper would probably have a significant impact in deterring the woman's ex-partner from posting the images because, under the professor's proposal, he would have to disclose his identity and she would be able to identify who it was. She would still have the difficulty of disclosing her identity,...

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: What would their response be to Professor Carthy's proposal that only a person who identified himself or herself could establish a social media account with them?

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: I thank everyone for the answers, but on the term "harmful communications", we must also be careful that we do not include within it issues which are considerably less serious than the example I gave to Ms Counihan. Where does one draw the line? Obviously, people should be entitled to say they hate Fianna Fáil and Fianna Fáil politicians.

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: That is rich coming from a Shinner. Where does one draw the line? There is an element of subjectivity in the definition of harmful communications.

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: Do they?

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: If there was somebody in a house in Dublin last night saying he could not stand Jim O'Callaghan, am I entitled to know that?

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: Is it because it is published that they have a liability?

Joint Oireachtas Committee on Justice, Defence and Equality: Online Harassment and Harmful Communications: Discussion (2 Oct 2019)

Jim O'Callaghan: I thank the Chairman. I have gone on a bit too long.

Written Answers — Department of Justice and Equality: Asylum Applications Data (1 Oct 2019)

Jim O'Callaghan: 276. To ask the Tánaiste and Minister for Justice and Equality the number of unaccompanied children seeking asylum residing here; and if he will make a statement on the matter. [39668/19]

Written Answers — Department of Justice and Equality: Asylum Seeker Employment (1 Oct 2019)

Jim O'Callaghan: 281. To ask the Tánaiste and Minister for Justice and Equality the number of asylum seekers that sought permission to access the labour market; the number of successful applications; and if he will make a statement on the matter. [39735/19]

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