Written answers

Tuesday, 12 December 2023

Department of Justice and Equality

Departmental Data

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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527. To ask the Tánaiste and Minister for Justice and Equality the number of people so far arrested under Section 4 of Coco's Law (Harassment, Harmful Communications and Related Offences Act); the number to date actually charged under Section 4 of Coco's Law; and the number of outstanding charges under Section 4 of Coco's Law awaiting a decision by the DPP. [54662/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I commenced the Harassment, Harmful Communications and Related Offences Act 2020 on the 10th February 2021. Along with other provisions, it created two new offences of sending, or threatening to send, intimate images without the consent of the person, regardless of the motivation for doing so.

It also broadened the existing offence of harassment and provided for a new offence of sending, distributing or publishing a threatening or grossly offensive message by any means of communication with intent to cause harm to the victim, which means our legislation now covers harmful once-off communications as well as harassment.

As the Deputy will be aware, prosecutions are a matter for the Director of Public Prosecutions (DPP). The DPP is wholly independent in her functions under the Prosecution of Offences Act 1974 (as amended) and, as Minister, I have no role in the operations, governance or oversight of the Office of the Director, which is funded through the Vote of the Department of the Taoiseach. As a result, I am unable to provide any statistical information related to the work of the DPP.

I am advised by the Garda authorities that due to the manner in which data is recorded on pulse, the Garda Síochána Analysis Service are unable to provide the specific figures requested in respect of Section 4 of Coco's Law (Harassment, Harmful Communications and Related Offences Act), however I am advised that there have been 349 prosecutions (charges/summons) in relation to 254 incidents under the Harassment, Harmful Communications and Related Offences Act 2020.

Gardaí anticipate that the numbers of prosecutions will continue to rise as further reports are received and the consequent criminal investigations progress.

My Department has also run two linked national awareness campaigns since the new legislation was enacted - one focused on the illegality of sharing intimate images without consent and the other, which was launched in May of this year, focused on the illegality of threatening to share intimate images.

It may also interest the Deputy to know that An Garda Síochána continues to partner with Hotline.ie which has created an online reporting facility that enables victims of intimate image abuse (IIA) to report this type of criminal activity to Gardaí, via the hotline website, while simultaneously making an IIA content removal request.

Where victims request, Gardaí will conduct a thorough criminal investigation with a view to prosecuting offenders, while Hotline will engage with the relevant service provider to seek the removal of the harmful content reported.

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