Press release
Minister McEntee secures Cabinet approval to criminalise the distribution of intimate images without consent
Published on
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Published on
Last updated on
Minister for Justice, Helen McEntee TD, has secured Cabinet approval to bring forward amendments to the Harassment, Harmful Communications and Related Offences Bill to provide for two new offences to deal with the non-consensual distribution of intimate images.
The first offence will deal with the taking, distribution, publication or threat to distribute intimate images without consent, and with intent to cause harm to the victim. It is intended to carry a maximum penalty of an unlimited fine and/or 7 years’ imprisonment.
The second offence will deal with the taking, distribution or publication of intimate images without consent without a requirement that the person intended to cause harm to the victim. It is intended that this offence will carry a maximum penalty of a €5,000 fine and/or 12 months’ imprisonment.
Addressing the measures in the Bill, Minister McEntee said:
"The measures approved by Cabinet today, which we will bring forward at Committee Stage on 01 December, will make it a criminal offence to share intimate images without consent. Sharing such images will become a criminal offence regardless of the motivation of the person who passes them on.
"The penalties proposed for these offences are severe because the impact on victims is so damaging. We need to send a clear message that sharing intimate images without the consent of the person will not be tolerated under any circumstances."
The amendments proposed also provide that it will be irrelevant that a person may have consented to the taking of an image if it is subsequently published or distributed without their consent. It will be an aggravating factor for the purposes of sentencing if the perpetrator of the offence is or was in an intimate relationship with the victim of the offence.
Minister McEntee said:
"This legislation will deal with the sharing of intimate images without consent for any reason. However, it is only right that consideration can be given by a judge to the devastating impact of the sharing of such images when done by someone with whom the victim was in a relationship, and who they trusted.
"Would-be perpetrators also need to know that it will be irrelevant that consent was given for an intimate image to be taken – this legislation will ensure such images cannot be shared for any reason, without express consent.
"I would like to acknowledge the cooperation of Deputy Brendan Howlin in advancing the amendments approved today which take us even closer to enacting the Harassment, Harmful Communications and Related Offences Bill. I very much welcome the support expressed by all for this legislation and I look forward to it being enacted as soon as possible."
Further amendments approved by Cabinet will update harassment legislation to broaden the scope of the offence of harassment to cover all forms of persistent communications about a person, not just indecent images, and to increase the penalty from seven to ten years to reflect the harm that can be caused by most serious forms of harassment.
Speaking about the recent leak of thousands of intimate images of Irish women last week, Minister McEntee said:
"I know the recent leak of tens of thousands of intimate images of Irish women has caused so much upset and anger.
"I share that anger and I want people to know that I am determined to act and to introduce these tough new laws to ensure that anyone who shares these kinds of images will face serious criminal sanctions."
The Bill is scheduled for Committee Stage on 1 December.
ENDS
Harassment is already an offence in the Ireland under the Non-Fatal Offences Against the Person Act, 1997. In addition, the Post Office (Amendment) Act 1951, as amended by the Communications Regulation (Amendment) Act 2007 provides for Offences in Connection with Telephone which deals with sending messages that are grossly offensive or of an indecent, obscene or menacing character.
Separate legislation to include provision for an online safety commissioner has been proposed by the Department of Communications, Climate Action and the Environment, which published the General Scheme of the Online Safety Media Regulation Bill earlier this year and will be progressed by the new Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.