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JUSTICE MINISTER Helen McEntee has welcomed both Houses of the Oireachtas by passing new legislation criminalizing the distribution of intimate images without consent.
The Harassment, Harmful Communications and Related Crimes Bill of 2017 covers a wide range of crimes, including online abuse, cyberbullying, and image-based abuse.
It is known as Coco’s Law in honor of Nicole ‘Coco’ Fox Fenlon, who took her own life in 2018 after a period of prolonged online abuse.
It will provide for two new crimes related to the non-consensual distribution of intimate images.
The first offense will refer to the taking, distribution, publication or threat to distribute intimate images without consent and with the intention of causing harm to the victim. It will carry a maximum penalty of unlimited fine and / or 7 years in prison.
The second offense refers to the taking, distribution or publication of intimate images without consent without the requirement that the person intended to cause harm to the victim. It will be sanctioned with a maximum penalty of 5,000 euros in fine and / or 12 months in prison.
Minister McEntee said: “The importance of ensuring that abuse in all its forms and the use of any medium can be addressed cannot be underestimated. Taking or sharing intimate images without consent is abuse and will not be tolerated.
This new legislation will give An Garda Síochána the tools it needs to ensure that those who commit this abusive crime can be prosecuted and, if prosecuted, our courts will have available sentences that reflect the level of harm these crimes cause to their victims.
Existing laws will also be updated in the area of harassment, expanding the scope of the crime of harassment to cover all forms of persistent communication about a person. The most serious forms of harassment will now be punishable by seven to ten years in prison.
The bill was supported by all parties and made its way quickly through the Oireachtas in recent weeks.
The minister added: “I want to especially remember Nicole Fox and acknowledge the selfless efforts of her mother Jackie. Jackie has campaigned tirelessly to raise awareness of the harmful effects of online abuse and strengthen our laws in this area.
Nicole and Jackie are one of the main reasons I was determined to keep my promise that the bill would go through the Dáil and the Seanad before Christmas. Nicole’s memory and Jackie’s campaign to honor her are recognized in the explanatory memorandum accompanying the legislation.
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Brendan Howlin, who first introduced the bill in 2017, said he was happy this legislation passed and it will “make the Internet a safer place.”
“Today I think of most of the parents and family members who worked with me to ensure this became law, honoring lost daughters, sons and family members, and all those who have been harmed by online abuse.
“We all know the often tragic consequences of online harassment and image-based sexual abuse, and the passage of this important bill will ensure that the perpetrators of this vile abuse are brought to justice.
I first introduced this bill in 2017 at the foot of a Jackie Fox campaign following the tragic death of her daughter Nicole due to a persistent campaign of online harassment. I would like to pay tribute to Jackie for her advocacy and tenacity in ensuring that this bill remains on the political agenda. I am very proud that the bill is called ‘Coco’s Law’.
“In September of this year, I accepted a petition with more than 33,000 signatures calling for this law to be passed and I heard the moving testimony of parents who have lost their children to online bullying. I want to pay tribute to them for their defense in the most tragic circumstances. I also want to thank the Minister of Justice and the members of both Houses for working with me in recent weeks so that this much-needed bill finally becomes law. “
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