Commission recommends creation of revenge porn offences

Commission recommends creation of revenge porn offences

The Law Reform Commission’s new report on harmful communications and digital safety recommends new criminal offences to deal with revenge porn and the appointment of a digital safety commissioner.

The report contains a total of 32 recommendations for reform.

A new proposed offence would target the non-consensual distribution of intimate images where there is intent to cause alarm, distress or harm or being reckless as to this.

On summary conviction, the offence would carry maximum penalties of a €5,000 fine and/or up to 12 months imprisonment. On conviction on indictment, it would carry an unlimited fine and/or up to 7 years.

The other proposed offence would concern the non-consensual taking and distribution of intimate images without intent to cause alarm, distress or harm - so-called “upskirting” or “down-blousing” pictures.

It would be a summary offence only and the maximum penalties would be a €5,000 fine and/or up to 6 months imprisonment.

The report also recommends establishing a statutory digital safety commissioner, modelled on those in Australia and New Zealand.

The Commissioner would promote digital safety, including positive digital citizenship among children and young people, in conjunction with the Ombudsman for Children and education partners.

Earlier this year, Justice Minister Frances Fitzgerald called for measures to tackle “revenge porn and body shaming”.

She told a conference in Belfast the move should form part of a package of measures to “target the barriers to women’s achievement of their full potential and their enjoyment of equality with men”.

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