This would be a positive step…
The Law Reform Commission has recommended introducing a raft of new legislation to target those posting revenge porn and explicit images without consent.
The report, named the Report on Harmful Communications and Digital Safety, has proposed that posting sexually explicit images online and taking such images without permission should be made illegal.
It recommends the creation of two new criminal offences to deal with the posting online of intimate images without consent, often when a relationship has broken down or ended. The first of which will deal with the intentional victim-shaming behaviour of posting explicit images online without consent.
The second criminal offence will be to deal with posting intimate photos or videos, known as ‘up skirting’ or ‘down blousing’.
The report also recommends a reform of the existing offence of sending threatening and intimidating messages, to fully capture the seriousness of the offence and intimidation.
The intent-based offences in the report should carry, on summary conviction, maximum penalties of a Class A fine (currently, a fine not exceeding €5,000) and/or up to 12 months imprisonment; and on conviction on indictment, an unlimited fine and/or up to 7 years imprisonment.
To implement these changes, they want to establish a Digital Safety Commissioner who would set up a code of practice.
“The Digital Safety Commissioner’s role would also include publication of a statutory Code of Practice on Digital Safety,” according to the report.
“This would build on the current non-statutory take down procedures and standards already developed by the online and digital sector, including social media sites. The Code would set out nationally agreed standards on the details of an efficient take-down procedure.”
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