Written answers
Thursday, 6 February 2025
Department of Justice and Equality
Legislative Measures
Darren O'Rourke (Meath East, Sinn Fein)
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182. To ask the Tánaiste and Minister for Justice and Equality if he intends to progress the Non-Fatal Offences Against the Person (Amendment) Bill 2024; what measures he plans to take to tackle catfishing; and if he will make a statement on the matter. [3746/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I share the concerns expressed by Deputy regarding the real life dangers and real life harms that can be caused by online communications. It is important to note that several important criminal justice measures have already been introduced to address issues regarding online impersonation. For example, impersonation causing alarm, and distress or harm is already a crime.
The Criminal Justice (Miscellaneous Provisions) Act 2023 extended the scope of the existing harassment offence under section 10 of the Non-Fatal Offences Against the Person Act 1997 to cover any and all persistent conduct that causes alarm, distress or harm. Section 10(3) of the 1997 Act as amended now sets out a non-exhaustive list of the types of conduct which can constitute harassment, and this explicitly includes impersonation. Where the purpose of the impersonation is fraud or theft, that is an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001.
Those who are affected by these offences can and should report them to Gardaí. Gardaí investigating these offences have recourse to their full powers. Those who think that they can use anonymity to hurt others with impunity are wrong. They are committing a criminal offence and they can be punished severely. Harassment under section 10 of the 1997 Act carries a maximum penalty of up to 10 years imprisonment. It is a serious offence.
The Non-Fatal Offences Against the Person (Amendment) Bill 2024 was a Private Member's Bill, originating in the Seanad. The Bill lapsed with the dissolution of the Dáil.
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