Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I welcome the opportunity to respond on this matter on behalf of the Minister for Justice, Deputy McEntee, who unfortunately is not available. I thank Senator Chambers for bringing forward this Bill. The Government will not be opposing it. The Minister looks forward to engaging with Senator Chambers in particular on these issues. I share the deep concerns expressed by the Senator in relation to behaviour and safety on the Internet.

It is undeniable that online services have brought incredible benefits. One only has to look at how important virtual lives were to many of us during the pandemic and how important remote working has been ever since to see that. These benefits have made the world smaller. However, it is also undeniable that the anonymity or sense of anonymity that online communication enables can bring about real-life dangers and harms. From bullying and stalking to fraud, breaches of privacy and disinformation, the list goes on. The reality is that we cannot have the same level of trust that someone is who they say they are. Whether out of personal malice, or for fraud, or simply from a thoughtless lack of regard to the consequences, it is clear that some dishonestly take advantage of the possibility for anonymity and in doing so cause serious distress and harm.

In catfishing, the perpetrator often deceives another person into an online relationship. However, there is usually more than one victim. Senator Chambers and all the other speakers made reference to that too. As well as those who are deceived by the perpetrator’s fake identity, the person whose identity has been stolen is also a victim. With more and more relationships starting online, there is huge value in exploring how we can more effectively protect victims of these behaviours.

New criminal offences can only ever be part of the answer in changing behaviours and acceptable social norms. More broadly, much is being done to mitigate the risks associated with online communications to inform users and encourage responsible practices among service provides. I will outline some of those actions very briefly.

The EU Digital Services Act came into force this year. It regulates intermediaries and platforms and its main goal is to prevent illegal and harmful activities online and to combat the spread of disinformation. It ensures user safety, protects fundamental rights and creates a fair and open online platform environment.

Closer to home, the Online Safety and Media Regulation Act marked a watershed moment in the move from the self-regulation of online providers to an era of accountability and a more joined-up approach to media regulation. It established a new, powerful regulator in Coimisiún na Meán to enforce accountability in the sector. Only this week, as Senators will undoubtedly be aware, Coimisiún na Meán formally adopted its online safety code which sets binding rules for video-sharing platforms to follow in order to reduce the harm they can cause. Those obligations include requirements to restrict certain harmful online content, including cyberbullying, incitements to hatred or violence and racist or xenophobic material. The code will also require those platforms to offer parental controls and content rating systems, as well as to operate effective reporting and complaints mechanisms for their users. Those developments in online regulation are complemented by important new criminal justice measures.

Last year, my colleague, the Minister for Justice, Deputy McEntee, passed the Criminal Justice (Miscellaneous Provisions) Act 2023. That Act significantly amended the existing harassment offence under section 10 of the Non-Fatal Offences Against the Person Act 1997 to cover any and all persistent conduct that causes alarm, distress or harm. An illustrative and non-exhaustive list of possible forms of conduct is provided for, which specifically includes impersonation, disclosure of private information and purporting to act or communicate on behalf of another. In 2020, the Harassment and Harmful Communications Act, "Coco’s Law", provided for specific offences in relation to threatening and offensive communications and circulation of intimate images.

Where the purpose of the impersonation is fraud or theft, that will be an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001. Of course, where impersonation is used for the purposes of a sexual offence, whether online or otherwise, it will be charged as that offence.

I welcome this debate. It is important to assess carefully whether there are any gaps, as Senator Chambers made reference to in her initial comments. It is also important to emphasise that impersonation causing alarm and distress is already a crime. Impersonation with the purpose of defrauding someone is already a crime. Those who are affected by these offences can and should report them to An Garda Síochána. Gardaí investigating these offences have recourse to their full powers. Those who believe they can use anonymity to hurt others with impunity are wrong. They are committing a criminal offence and they can be punished severely. Harassment under section 10 of the 1997 Act carries a maximum penalty of up to ten years' imprisonment. It is a serious offence.

Education and personal caution also play a role. We should make it absolutely clear that there is no excuse whatsoever for people taking someone else’s identity online. It is, as has been well-illustrated tonight, not harmless. It does not matter if the person is not known or nothing malicious is intended. It is simply unacceptable. For the innocent users, simple steps such as doing reverse searches for images that people provide in profiles can weed out fraudsters. Of course, as is always emphasised, we should be extremely wary of any request for money or personal information. There are a wealth of resources available to help to develop safe online habits. Parents are constantly trying to find ways of helping their families to safely navigate online services. Useful guidance is available through Coimisiún na Meán and Citizens Information.

There is, of course, a vital need to balance freedom and responsibility online. Anonymity may be used to protect legitimate interests and to allow self-expression where that might otherwise not be possible. However, there is a very significant difference between maintaining anonymity and appropriating someone else’s identity. How we deploy online regulation and the criminal law more generally raises important questions, and I look forward to hearing Senator Chambers's response to this.

To reiterate, the Government is not opposing this Bill. The Minister, Deputy McEntee, looks forward to engaging with Senator Chambers on these issues.