Ruth Coppinger (Dublin West, Anti-Austerity Alliance)
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122. To ask the Minister for Justice and Equality if she will introduce legislation to deal with the abusive practices of online stalking and so-called revenge porn; and if she will make a statement on the matter. [34832/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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On 27th September, the Law Reform Commission published its report on Harmful Communications and Digital Safety.The report recommends two new offences to deal with posting online intimate images without consent (so- called “revenge pornography”) and voyeurism.It also proposes reform of the existing offence of harassment, to ensure that it includes online activity such as posting fake social media profiles; and a new separate offence of stalking, seen as an aggravated form of harassment, as well as reform of the existing offence of sending threatening and intimidating messages.

Section 10 of the Non-Fatal Offences Against the Person Act 1997 provides that any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, is guilty of an offence. Harassment is deemed to occur where a person seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other. Section 10(3) also provides for orders to be made by the court to prevent communication by any means with the victim or to approach within any distance specified by the court of the place of residence or employment of the victim. Such an order can be made even in circumstances where the accused person is not convicted of the offence if the court is satisfied, having regard to the evidence, that it is in the interests of justice. While aspects of what is known loosely as "revenge pornography" are addressed by the harassment offence in this Act, there has been a growing awareness and concern in relation to harmful internet content in recent years with the growth of cyber technology.

The Law Reform Commission's report also addresses a number of other regulatory issues that have implications across Government Departments.

I welcome the fact that the report addresses the wider context within which law reform should be framed and that it has identified the need for education and empowerment, the need to strike the correct balance between the right to freedom of expression and the right to privacy, and the desirability of a graduated response where the criminal law is reserved for the most significant harm. My officials are examining the report in detail, and I would intend bringing forward legislative proposals to address any potential gaps in the criminal law in this area.