Harassment, Harmful Communications and Related Offences Act 2020

The Harassment, Harmful Communications and Related Offences Act 2020, also known as Coco's law is an act of the Oireachtas dealing with non-Consensual Distribution of Intimate Images and cyberbullying.[1]

History

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The legislation was originally introduced by Brendan Howlin in 2017.[1]

In 2020 three Jackie Fox, Mary Sheehan and Aisling O'Neil and the March for Justice Ireland group presented a petition with 33,000 signatures to Brendan Howlin and James Lawless calling for the criminalisation of cyberbullying.[2]

Jackie Fox spoke of her daughter Nicole 'Coco' Fox who was subjected to cyberbullying from age 17, which included threats.[2] Nicole died by suicide in 2018 at the age of 21.[2] Mary Sheehan spoke of her daughter Kayleigh Ryan who died by suicide in 2019 at the age of 14 after suffering cyberbullying.[2] Aisling O'Neil spoke of her daughter Mia who was subjected to racist cyberbullying and who died by suicide in 2019 at the age of 19.[2]

The bill would be reintroduced into the committee stage the following day.[2]

Legislation

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New offences created

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Two new offences were created:

  1. The taking, distribution, publication or threat to distribute intimate images without consent, and with intent to cause harm to the victim - this carries a maximum penalty of an unlimited fine and/or seven years imprisonment.[3]
  2. The taking, distribution or publication of intimate images without consent without a requirement that the person intended to cause harm to the victim - this carries a maximum penalty of a fine of €5,000 fine and/or up to twelve months in prison.[3]

It is irrelevant if a person consented to the taking of an image if they did not consent to it being later being distributed.[3]

It is an aggravating factor for sentencing if the perpetrator was in an intimate relationship with the victim.[3]

The bill came into effect in 2021.[4]

Impact

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By September 2024 nearly 100 prosecutions had been taken under the act.[4]

References

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  1. ^ a b "Coco's Law: Online harassment and harmful communications bill passes all legislative stages". RTÉ News. 2020-12-18. Retrieved 2024-09-27.
  2. ^ a b c d e f Doyle, Maggie (2020-09-16). "Mothers demand cyber-bullying be made criminal offence". RTÉ News. Retrieved 2024-09-27.
  3. ^ a b Conneely, Ailbhe (2024-09-27). "Nearly 100 prosecutions under Coco's Law since introduction". RTÉ News. Retrieved 2024-09-27.
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