Duncan Smith (Dublin Fingal, Labour)
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1397. To ask the Tánaiste and Minister for Justice and Equality the number of cases that have been brought before the courts since the introduction of the Harassment, Harmful Communications and Related Offences Act 2020; and if she will make a statement on the matter. [40812/21]

Hildegarde Naughton (Galway West, Fine Gael)
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As the Deputy is likely aware, the Harassment, Harmful Communications and Related Offences Act, referred to as 'Coco's Law', entered into force on 10 February 2021. It creates two new offences of sending, or threatening to send, intimate images without the consent of the person whose image it is.

Following the Deputy’s request, I sought information from both the Courts Service and the Garda Commissioner on the amount of cases that have been brought since the Act was commenced.

Even though the legislation has only very recently come into force, I am advised by the Commissioner that a number of investigations referencing Section 4 of the new legislation are proceeding. As these are ongoing cases the Commissioner is not in a position to provide an exact figure to ensure confidentiality.

I hope the Deputy can appreciate that because the operation of the Coco’s Law is in its infancy, no prosecutions have yet been brought forward. This will inevitably change in time.

Coco’s Law will make sure that those who commit abusive crimes both online and offline can be prosecuted and, if prosecuted and found guilty, our courts now have sentences available that reflect the level of harm these crimes cause to their victims. I understand from An Garda Síochána that training on the Harassment, Harmful Communications and Related Offences Act has been covered on level 3 witness training from the 10th May 2021 in the lesson entitled ‘Victims of Sex Crime’.   

I have also been informed that Coco’s Law was the subject of a HQ Directive (11/21) which issued in May 2021. The directive provides members with the necessary instruction regarding the implementation of the new offences. The Commissioner further assures me that both the Garda National Cyber Crime Bureau and the Garda National Protective Services Bureau are there to help should any Garda member require assistance or support in prosecuting these offences.

The Deputy will also be pleased to know Government action to tackle this issue does not end with the implementation of this Act. When signing the commencement order for Coco’s Law it was announced that an agreement had been reached between my Department, the National Anti-Bullying Research and Resource Centre at DCU, and the Department of Education to establish a ‘Research Observatory on Cyberbullying’ focused on providing up-to-date research, advice and resources related to cyberbullying, cyberhate, and online harassment, and the implementation of Coco’s Law. Funding for the Observatory is being provided by the Department of Justice in memory of Nicole (Coco) Fox.

Funding was also provided for Webwise to update their popular ‘Lockers’ programme, which is an important Junior Cycle resource to include information about Coco’s Law and non-consensual sharing of intimate images.

Finally, my Department is currently developing a wider awareness campaign on Coco’s Law and the penalties applicable if someone is convicted of sharing intimate images without consent, and to draw attention to the harm caused to the victim whose intimate image is shared. We intend to communicate our message in a way that will build on our existing ‘No Excuses’ campaign and its key message of not excusing any form of sexual harassment or sexual violence. This initiative is now at an advanced stage and will be launched soon.