Helen McEntee (Meath East, Fine Gael) | Oireachtas source

This amendment provides for restrictions on the publication of the identity of alleged victims of harassment and stalking offences under section 10 of the Non-Fatal Offences Against the Person Act 1997. It provides that it is an offence to publish or broadcast information, photographs, depictions or representations of physical likeness that are likely to lead to the identification of the alleged victim. Harassment and stalking offences tend to involve a serious invasion of a victim's privacy. There is a high risk that publication of the victim's identity may subject them to further distress, as well as secondary or repeat victimisation. This provision on the restriction of identification will, therefore, be an important element of victim protection in these types of cases. The restrictions provided may be waived by the alleged victim, of course, or may be disapplied by the courts where they feel it is appropriate.

Amendment No. 11 introduces a similar provision for cases involving the breach of a civil order under section 27. The provision places restrictions on the publication of the identity of both the complainant and the defendant in such cases. It provides that it is an offence to publish or broadcast information, photographs, depictions or representations of physical likeness which would likely lead to identification of the victim or the person charged. Again, breaches of section 27 orders tend to involve a very serious invasion of a victim's privacy and there is a high risk that publication may subject them to further distress, trauma or victimisation. This provision represents a very important safeguard for victims overall and, in most of what is in this legislation, that is what we are trying to achieve.

Amendments Nos. 21 and 22 provide for consequential amendments to the Broadcasting Act and other media regulation Acts arising from these new anonymity provisions in regard to harassment and stalking offences and breaches of civil orders. They follow the pattern in the Act of scheduling matters that might be subject to regulation of online media. The effect of these provisions will be to allow the Online Safety Commissioner, working under Coimisiún na Meán, to develop online safety codes which will require certain online platforms to minimise at a systemic level the availability of online content by which a person breaches the new anonymity provisions. These codes may also set out standards that an online platform must follow in regard to user complaints relating to this type of content. Basically, as we move to update our laws, we need to make sure that we apply this to all technology that is available to people where they can use this as a further form of abuse.