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	Tough new digital safety laws to tackle revenge porn and cyber stalking are being prepared by the Government.</p>
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	Intentional victim shaming, more commonly known as revenge porn, is where a person uploads intimate images of another person online without their consent.</p>
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	The practice, which has tended to occur following the break-up of a relationship, is an offence in England, Wales and the US, but it is not specifically classified as a crime in Ireland.</p>
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	Under proposals being examined by T&aacute;naiste and Justice Minister Frances Fitzgerald, the offences would carry prison terms of up to seven years.</p>
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	The appointment of a commissioner who could take web and social media sites to court if they fail to take down harmful material is also on the cards, following a report being published today by the State&#39;s law reform body.</p>
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	The Law Reform Commission began examining &quot;negative aspects&quot; of the digital revolution last year.</p>
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	It found that while existing legislation addressed some harmful communication, there were some &quot;gaps&quot; in the law.</p>
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	The report recommends:</p>
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	Two new criminal offences to deal with posting intimate images online without consent.</p>
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	One offence deals with revenge porn, and another with the voyeuristic practice of secretly obtained intimate images known as &quot;up-skirting&quot; or &quot;down-blousing&quot;.</p>
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	Reforms to the existing offence of harassment, to include online activity such as fake social media profiles.</p>
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	Making cyber stalking an offence, similar to aggravated harassment.</p>
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	Reform of existing offences for sending threatening and intimidating messages, so they capture online intimidation.</p>
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	Allowing courts to issue restraining orders restricting an alleged perpetrator from communicating with a complainant, even if a prosecution has yet begun.</p>
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	The report found that many forms of harassment are dealt with under Section 10 of the Non-Fatal Offences Against the Person Act 1997.</p>
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	However, it noted there were examples where harmful digital communications may not be covered by the existing legislation.</p>
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	This included the setting up of a website or fake profile page to post harmful or private content in the victim&#39;s name.</p>
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	This happened in a case in the UK, where a man was convicted of harassment after setting up a website called &quot;[name of complainant] is gay.com&quot;.</p>
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	He also registered the complainant on a database for people with sexually transmitted diseases.</p>
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	But the commission said this sort of offence may not come under section 10 of the Act.</p>
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	It also cited the example of the posting of intimate images or videos online without consent.</p>
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	This happened in the case of Hollywood actress Jennifer Lawrence and others after their iCloud accounts were hacked in 2014.</p>
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	&quot;This clearly involved hacking but might not come within section 10 of the 1997 Act,&quot; the report said. Under the proposals, the revenge porn, harassment and cyber stalking laws would carry an unlimited fine and/or a jail term of up to seven years in cases tried on indictment in the Circuit Court.</p>
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	Less serious forms of those offences, tried in the District Court, would carry a maximum fine of &euro;5,000 and/or up to 12 months in prison.</p>
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	The report recommended that &quot;up-skirting&quot; offences should carry a maximum fine of &euro;5,000 and/or up to six months in jail.</p>
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	However, it said prosecutions of minors for the new offences should only be a last resort would have to have the consent of the Director of Public Prosecutions. Educational and diversion programmes should be tried first.</p>
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	New watchdog urged to police social media</p>
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	The Government is being urged by the Law Reform Commission to appoint a Digital Safety Commissioner with powers to force social media sites to remove harmful posts.</p>
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	Under its proposals, the commissioner would promote digital and online safety. They would also publish a statutory code of practice on digital safety, replacing current non-statutory take-down procedures developed by the online and digital sector.</p>
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	Under the system suggested, a person who believes they have been targeted by harmful material online would initially apply directly to the website or social media site.</p>
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	If the site refuses to take down the content, in breach of the new code, an appeal could be made to the commissioner.</p>
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	Should the commissioner find in favour of the user, and the site operators refuse to comply with a direction to take down the material, the commissioner could apply to the Circuit Court for an order requiring compliance.</p>
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	(Published by the Irish Independent on the 27th September 2016)</p>
<p>
	<a href="http://www.independent.ie/irish-news/tough-new-laws-to-tackle-revenge-porn-harassment-and-cyber-stalkers-35081824.html">http://www.independent.ie/irish-news/tough-new-laws-to-tackle-revenge-porn-harassment-and-cyber-stalkers-35081824.html</a></p>
