Holly Cairns (Cork South West, Social Democrats)
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136. To ask the Tánaiste and Minister for Justice and Equality the steps she is taking to introduce legislation criminalising cyberflashing; and if she will make a statement on the matter. [3746/22]

Helen McEntee (Meath East, Fine Gael)
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Flashing is a criminal offence under the Criminal Law (Sexual Offences) Act 2017. While flashing is a term we are all familiar with, the concept of cyberflashing is relatively new.

There are, however, a number of offences already on the statute book which criminalise behaviours that can be described as cyberflashing. The existing offence for flashing, contained in section 45(1) of the Sexual Offences Act 2017 is not restricted to physical places and would also apply in the online context.

In addition, it is an offence under section 45(3) of that Act to intentionally engage in offensive conduct of a sexual nature. “Offensive conduct of a sexual nature” means any behaviour of a sexual nature which, having regard to all the circumstances, is likely to cause fear, distress or alarm to any person who is, or might reasonably be expected to be, aware of any such behaviour.

A person convicted of an offence under either of these provisions would be liable on summary conviction to a fine or up to six months imprisonment, or on indictment for up to two years imprisonment.

If such images are sent by phone or text message it may constitute an offence under Section 13(1)(a) of the Post Office (Amendment) Act 1951 (as amended by the Communications Regulation (Amendment) Act 2007) which makes it an offence to send by telephone (including by text message) any message that is grossly offensive, or is indecent, obscene or menacing.

The Harassment, Harmful Communications and Related Offences Act 2020 contains an offence of distributing, publishing, or sending a grossly offensive communication with intent to cause harm. Under this offence, harm is caused by seriously interfering with a person’s peace and privacy or by causing alarm or distress to the person. The penalty for such a conviction can be an unlimited fine or up to two years imprisonment.

In addition to the above offences, persistent cyberflashing may amount to harassment within the meaning of section 10 of the Non-Fatal Offences against the Person Act 1997, which carries a maximum penalty of up to 10 years in prison.

Holly Cairns (Cork South West, Social Democrats)
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137. To ask the Tánaiste and Minister for Justice and Equality the steps she is taking to introduce legislation criminalising stalking; and if she will make a statement on the matter. [3747/22]

Helen McEntee (Meath East, Fine Gael)
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Before Easter, I will publish a Bill which will include new criminal offences for stalking and for non-fatal strangulation.

The act of stalking itself is already covered by existing law, but I will propose the following changes to make the law clearer and stronger:

- Explicitly reference stalking as a criminal offence

- Make it clear that stalking includes watching or following a victim, even where they are not aware of being watched or followed

- Make it clear that impersonating the victim, and then communicating with a third party, is illegal

- Update the law to ensure that it covers all forms of modern communications.

I will also consider introducing a provision to allow a victim, in very serious cases, apply to the court for an order to prevent the alleged perpetrator from communicating with them in advance of a trial.

In respect of creating a new criminal offence for non-fatal strangulation, while choking and strangling are already illegal, creating this new offence should encourage victims to come forward and report what has happened to them.

It has been shown that this crime can be an indication of future, lethal violence and is a risk factor for homicides against women in the home.