Written answers

Tuesday, 19 June 2012

Department of Justice, Equality and Defence

Proposed Legislation

8:00 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 506: To ask the Minister for Justice and Equality his plans to introduce legislation against internet trolls, similar to the recent announcement by the UK Government to make changes to the Defamation Bill allowing people operating websites to identify those who defame others; and if he will make a statement on the matter. [29501/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am aware of reports in the media that, in the context of the reform of defamation law in the UK, the Secretary of State for Justice is considering the introduction of measures to require the operators of websites to respond effectively to claims by persons that they had been defamed by postings on websites. The law on defamation in this State was comprehensively reformed in the Defamation Act 2009. There is no distinction should defamation occur on-line, in print or broadcast. In a legal action, a website host would be required to divulge details of a subscriber. I am not of the view that amendments to the law are required, but I will keep the matter under review. I should also point out that where harassment might occur in an on-line context, that such behaviour is a criminal offence and subject to be dealt with under Non-Fatal Offences Against the Person Act 1997.

I should mention that the E Commerce Directive (Council Directive (EC) 2000/31), which comes within the remit of the Department of Jobs, Enterprise and Innovation, sets down a number of provisions regarding the duties and obligations of website providers, including to remove potentially defamatory material when notified.

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