Stalking and revenge porn to become criminal offences

caledhel

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Tánaiste and Minister for Justice Frances Fitzgerald is to legislate to make stalking, including cyberstalking, and revenge porn criminal offences.

Ms Fitzgerald received approval from Cabinet at its last meeting of the year to draft the Non-Fatal Offences (Amendment) Bill to address loopholes in current legislation.

The Minister will create two new criminal offences, including making it illegal to intentionally post intimate images of a person online without their consent.

The legislative change will also extend the offence of harassment to ensure it includes activity online and on social media.

It will also expand the offence of sending threatening or indecent messages to digital forms of communication.
New legislation will extend definition of harassment to include online activity - Irish Times

The existing legislation is contained in the Non-Fatal Offences Against the Person Act, 1997 - Section 10.

10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

(2) For the purposes of this section a person harasses another where—

(a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

(b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

(3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

(4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

(5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

(6) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.
A welcome development that helps to secure human rights against the challenges that the digital age has presented to personal safety and dignity. Is an accompanying educational programme necessary to help people protect themselves from these sort of malicious threats and intrusions?
 


between the bridges

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Damn...
 

Nemesiscorporation

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New legislation will extend definition of harassment to include online activity - Irish Times

The existing legislation is contained in the Non-Fatal Offences Against the Person Act, 1997 - Section 10.



A welcome development that helps to secure human rights against the challenges that the digital age has presented to personal safety and dignity. Is an accompanying educational programme necessary to help people protect themselves from these sort of malicious threats and intrusions?
Good. Long overdue.
 

silverharp

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probably better dealt with as a civil offense, will there be protection for teenagers? what happens if data hacked/stolen but you cant prove it? will we start to see false revenge porn claims?
will the bar drop over time so that in a few years being critical of a politician or Z list name on Twitter mean a visit from the boys in blue?
 

between the bridges

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Won't apply in the UK - so unless something drastic happens in the remaining few hours of 2016 ....

Being serious - not a bad move.
Phew...


Yep, agreed.
 

derryman

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New legislation will extend definition of harassment to include online activity - Irish Times

The existing legislation is contained in the Non-Fatal Offences Against the Person Act, 1997 - Section 10.



A welcome development that helps to secure human rights against the challenges that the digital age has presented to personal safety and dignity. Is an accompanying educational programme necessary to help people protect themselves from these sort of malicious threats and intrusions?
When the age of technology met the age of promiscuity this was bound to happen. I don't know why it has taken so long to create legislation.
 

Dedogs

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whats to stop someone puttin up photos of themself and sayin it was the ex did it to get him jailed????
 

ruserious

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Does this include pestering anonymous users of P.ie?
 

Enigma Variations

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No reasonable person could have any objection to this initiative, but are there not more urgent legislative priorities in the Republic?
She could start by working towards access to abortion rights for women.
 

Gin Soaked

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I assume if it cannot be definitely traced back to a particular user then there will be no conviction.
(Playing devil's advocate here)

Surely you'd want to be very careless in posting it to be caught? Good step, the legislation, but if you were in the mind to do something that base, you would find a way.

Also, It would become a very good way to ruin someone. Bit like a rape acquittal, you are forever 'slimed'.

And you may have lost your job in the meantime.

Wonder if our DPP are sophisticated enough here..
 

stopdoingstuff

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Does this mean I can no longer beat off in the bushes outside of Miriam O'Callaghan' house?
 

stopdoingstuff

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The sections quoted here appear to be well constructed such that there are a number of tests to be met before one can get done under the section in question.

However, what is this?

(5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.
Ok, so if you re not guilty of an offense,you can still be subject to an order under subsection three. What is an order under subsection 3? :

(3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.
First off, subsection three only applies where one is convicted under subsection 1. But subsection 5 seems to apply subsection 3 even if one is not convicted under subsection 1. Therefore, does this law allow a court to order you not to talk to or approach someone even when you have not been convicted of an offence? If so then the law is bullsh1t. No one should be subject to any punishment unless convicted of a crime.
 
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but supposin they did it from a different computer not their own????
The device which has the video or the photo has a fingerprint included in the metadata. The route to the internet is known and even if using the dark internet the connection to that can be traced - even if only as a connection. I have supervised penetration tests. There is a huge amount of data behind them. Enough to identify the device used to capture an image, and enough to also provide an alibi for the accused. GPS is not essentiallu interactive as regards to your location, but almost any other activity (even passive activity) can be used as a locator.
 


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