Colm Burke (Cork North-Central, Fine Gael)
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157. To ask the Tánaiste and Minister for Justice and Equality if he plans to introduce legislation making it an offence to document and-or distribute video footage and-or images of fatal accidents, in view that this is becoming more prevalent with the use of smartphones and other devices with camera features; and if he will make a statement on the matter. [24867/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I fully recognise the growing and deeply troubling trend of people recording and sharing videos or images of fatal accidents, often using smartphones or similar devices. These actions can cause immense distress to victims’ families, violate the dignity of the deceased, and worsen the trauma of an already tragic situation. What is particularly alarming is that, in some cases, loved ones are first made aware of a fatality through graphic content posted online, rather than through respectful and official channels. That is simply not acceptable.

Criminalisation is never a quick fix and I know the Deputy is not suggesting it is. However, it can only ever be part of the answer to change behaviours. In certain cases, of course, the sharing of such images may already constitute a criminal offence. One example is under section 10 of the Non-Fatal Offences Against the Person Act 1997, where harassment includes persistent acts that cause alarm or distress — this could potentially apply where distressing images are targeted at or repeatedly shared with victims’ families.

More broadly, significant steps have been taken to enhance regulation in this space. The Online Safety and Media Regulation Act came into force in March 2023. This represents a major shift away from industry self-regulation. It created a strong independent regulator, Coimisiún na Meán, which is tasked with holding online platforms to account. In October 2024, Coimisiún na Meán published the finalised online safety code, which places obligations on video-sharing platforms like YouTube, Instagram and Meta (Facebook). These obligations include the restriction of harmful content such as cyberbullying, incitement to hatred or violence, and racist or xenophobic material. The code also mandates platforms to implement parental controls, content rating systems, and effective reporting and complaints mechanisms.

In addition to the Online Safety and Media Regulation Act, the EU Digital Services Act places clear obligations on social media platforms to remove illegal content without delay. The longer such material remains online, the broader its reach and the greater the potential harm. Ensuring compliance with these obligations - particularly the prompt detection, banning, and removal of harmful or unlawful content - is a key priority.

Coimisiún na Meán, as Ireland’s Digital Services Coordinator under the Act, works closely with the European Commission to regulate platforms operating within the EU. Breaches of the Digital Services Act can result in significant penalties, including fines of up to 6% of a platform’s global turnover, while non-compliance with the Online Safety and Media Regulation Act can attract fines of up to 10% of relevant turnover.

While the Government is not currently proposing to introduce new legislation specifically criminalising the recording or sharing of fatal accident footage, I recognise the harm that can be caused. Deputy Duncan Smith’s Private Member’s Bill, Protection of Accident Victims from Non-Consensual Recording of Images Bill, is an important contribution to the debate in this area, which the Government did not oppose. However, a number of complex legal and constitutional questions remain, including how best to balance privacy and dignity with the rights to freedom of expression and the public interest in transparency.