CHECK AGAINST DELIVERY
Seanad Éireann -1st July 2015
Second Stage Speech by the Minister for Justice and Equality, Frances Fitzgerald, T.D.
A Chathaoirligh,
I would like to thank Senator Lorraine Higgins (and Senators Ivana Bacik and John Whelan) for bringing this Bill before the Seanad .
The last decade has seen the rapid development of many new forms of technology and digital media. This has been matched only by the rapid increase in use of social media, by all sectors of society, the young and the not-so-young.
Opportunities
New forms of digital and social media bring with them many exciting opportunities - opportunities that must be harnessed!
New capabilities exit to share news and information with thousands, millions, billions.... which in turn can educate and enrich our knowledge and awareness.
It can promote transparency. It can break down barriers.
Instantaneous messaging has made the world much smaller. Grandparents in Ireland can now talk to and see grandchildren on the other side of the world in real time.
I have no doubt that instantaneous messaging has also saved many lives, through allowing speedy reporting of accidents and health scares.
New technology can support how we work, do business and innovate.
I have said before how the budding child entrepreneurs of today are more likely to be writing code and designing apps than selling lemonade or penny apples has may have happened in the past.
Risks
But with opportunities, come challenges.
Risks are inevitable. Let me mention three.
Firstly, the online world has, regrettably, provided a new arena of opportunity for those who seeking to engage in sexual exploitation and the grooming of children. Online sexual exploitation is an abhorrent but very real risk facing our children.
It is for this reason that I will shortly introduce the Criminal Justice (Sexual Offences ) Bill which will include new offences and tough new sanctions for any predatory sexual activity which seeks to target children online, for example via social media.
Secondly, it would seem that the traditional boundary lines of personal privacy have become greatly blurred by the growing phenomena of over-sharing of personal information and photos on social media.
As we share more of our private lives online, we ultimately pile up the risks...
The longer term implications of over-sharing, in terms of privacy and data protection law, are only now beginning to be explored.
Thirdly, just as traditional forms of communications allowed some people to express abusive messages; new means of communication can afford them with amplified and anonymous means of cyber-bully and cyber-harassment.
The impact of such actions has, on too many occasions, caused great upset to individuals and sometimes unfortunately has resulted in a tragic sequence of events.
Recent Developments
I would like to mention a number of matters which are relevant to consideration of the issues before us today.
In 2013 the Minister for Communications, Energy and Natural Resources established the Internet Content Governance Advisory Group (ICGAG) to provide expert, independent advice on Internet Governance issues. The Group’s Report which was published in June, 2014 included wide ranging recommendations which included changes to the institutional, legislative and administrative governance arrangements. Progress on these recommendations is being considered by a cross-departmental group which is chaired by the Department of Communications, Energy and Natural Resources and includes representatives from the Departments of Health, Justice and Equality, Children and Youth Affairs and Education and Skills, and which will report in due course.
In my own Department, the Office for Internet Safety (OIS) acts as the co-ordinator in Ireland for the EU Safer Internet Programme. There are four partner organisations in the Irish Safer Internet Centre, which are:
· Childline, operated by the ISPCC
· The National Parents Council (Primary)
· Hotline.ie
· The Professional Development Service for Teachers Technology in Education (a part of the Department of Education and Skills).
The OIS has a dedicated website which contains information and links on internet safety, it also has a series of booklets on internet safety issues which are available to parents and teachers. In addition, it produces awareness raising materials for the Safer Internet Day which is held in February each year. In 2013 and 2014 these concentrated on the issue of cyberbullying.
As Senators are no doubt aware, in November 2014 An Garda Síochána launched a new initiative with the purpose of blocking illegal child abuse material on the internet. A Memorandum of Understanding has been agreed with the internet service provider UPC that it will block child abuse material on its network in Ireland as set out in a list provided by An Garda Síochána. They are also engaging with other companies with a view to extending this initiative.
I would also like to mention the important work carried out by Hotline.ie which is the anonymous reporting service for illegal material on the internet. This service is operated by the Internet Service Providers Association of Ireland, which provides funding for the service, funding is also provided under the EU Safer Internet Programme. Hotline accepts reports about suspected illegal content on the internet in Ireland and attempts to identify the source. If the material is hosted in Ireland, it will request the relevant ISP member to remove it in accordance with the Code of Practice and Ethics, i.e. ‘Notice and Takedown’. Hotline works in collaboration with An Garda Síochána as appropriate.
I referred earlier to the fact that the negative impacts which can arise from misuse of the internet and technology are of particular concern where young people and children are concerned. The work carried out by the Department of Education and Skills in its anti-bullying programme in schools, which incorporates anti-cyberbullying, is an important tool, as is the ISPCC initiative which provides direct assistance to schools in formulating anti-bullying plans. We should of course also acknowledge the work carried out by non-governmental agencies.
Law Reform Commission
A key development in this area is the work currently being undertaken by the Law Reform Commission (LRC) which is carrying out a project on Cyber-crime affecting personal safety, privacy and reputation, including cyber-bullying as part of its Fourth Programme of Law Reform. In November, 2014 it published an Issues Paper and sought the views of interested parties on 5 issues:
1. Whether the harassment offence in section 10 of the Non-Fatal Offences Against the Person Act 1997 should be amended to incorporate a specific reference to cyber-harassment, including indirect cyber-harassment;
2. Whether there should be an offence that involves a single serious interference, through cyber technology, with another person’s privacy;
3. Whether current law on hate crime adequately addresses activity that uses cyber technology and social media;
4. Whether current penalties for offences which can apply to cyber-harassment and related behaviour are adequate;
5. The adequacy of civil law remedies to protect against cyber- harassment and to safeguard the right to privacy.
As part of its consultation process, in April, 2015 the LRC held a seminar to discuss the issues identified in the Issues Paper and to consider “ whether existing criminal law and civil law remedies deal adequately with online material that seriously invades a person’s privacy or is seriously hurtful or hateful. This includes online bullying and harassment, an aspect of the digital age that has the capacity to affect nearly everyone.”
This seminar was addressed by a panel of expert speakers and attended by a broad representation of those involved in this area. The discussions at this seminar will feed into the work of the Law Reform Commission and the conclusion of its Report and recommendations. I understand that this Report is expected to be finalised by the end of this year and I, like other Government Ministers, look forward to considering the findings of the LRC.
Bill
Turning to the Bill before us today, it is clear that much thought and deliberation has been given to creating offences which reflect the reality of some of the behaviour which can be used against others via technology. It shows a clear appreciation of the serious issues which can arise, such as encouraging others to harm themselves and sharing an electronic communication which includes explicit content of another.
Section 3 provides an offence of “harmful electronic communication” which is not dependent on direct communication with the victim. This indirect communication is an issue which the LRC has also identified and which will have to be considered as part of any solution to the problem. The offence depends on intentionally or recklessly causing alarm, distress or harm to another.
I also note with interest that the Bill incorporates in section 4 the concept of ‘persistence’ in relation to an offence of sharing malicious electronic communications.
Section 5 goes beyond the normal approach of applying standard criminal penalties of fines or imprisonment to provide for the making of ancillary orders, which can include matters such as a requirement that a person remove or delete specific electronic communication(s), even if the person has not been convicted of one of the offences.
Conclusion
I fully appreciate and understand that the purpose of this Bill is to protect individuals from harmful and malicious communications and to provide such individuals with a means of redress. I also understand why it is considered important to provide for legislation of this type, notwithstanding that there are some technical issues in the Bill which would need to be remedied.
I am not opposing second stage this evening.
We are all aware of the excellent work carried out by the LRC, and the extensive consultation with relevant parties and extensive research which it undertakes before it reports on an issue.
I would like to assure the Senator(s) that the issues dealt with in the Bill will be considered further in the context of the recommendations of the law Reform Commission. I will also draw the Law Reform Commission’s attention to the Bill debated tonight.
Thank You.