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Friday, 17 April 2015

Proposed Online abuse laws

Lorraine Higgin's Bill
Higgins launches online abuse bill

Draft / Harmful And Malicious Electronic Communications Bill 2015

Mentioned in Seanad by Bacik, she mentions Law reform commission.

Harmful and Malicious Electronic Communications Bill 2015: First Stage Wednesday, 22 April 2015

Pat Rabbitte's Bill

Rabbitte bill makes abusive electronic messages an offence
Public Electronic Communications Networks (Improper Use) Bill 2015: First Stage
Public Electronic Communications Networks (Improper Use) Bill 2015 [PMB] as initiated (in PDF format)
Public Electronic Communications Networks (Improper Use) Bill 2015 [PMB] Explanatory Memorandum (in PDF format)

Public electronic communications network

Subsection (2) defines a ‘‘public electronic communications network’’ in terms derived from the European Communities (Electronic Communications Networks and Services) (Framework)
Regulations 2011 (S.I. No. 333 of 2011)
.
Public Electronic Communications Networks (UK) means any communication network used by the public, (rather then public messages?).

Question:Does Rabitte's bill mean changing it from direct private by telephone to public messages?

In this Bill I am addressing a gap in the legislation which in the Communications Regulation (Amendment) Act 2007 addressed messages by telephone only – excluding electronic communications or social media. The O’Neill Group recommended that the 2007 Act should be amended to include all electronic communications within the ambit of the prohibition on the sending of messages which are grossly offensive, indecent, obscene or menacing. In 2014 the Law Reform Commission agreed with the O’Neill Group’s recommendation to include electronic communications.

Internet Content Governance Advisory Group

Independent saying the bill is approved by Law Reform Commission because they agreed with one of the ICGAG's legislation recommendations. This is obviously not true.

Issues Paper on Cyber-crime affecting personal safety, privacy and reputation including cyber-bullying (LRC IP 6-2014)
Other relevant criminal offences2.08 Section 13, as amended, only applies to telephone and text messages. By contrast with
section 10 of the 1997 Act, it catches once-off events where there is no persistence or where it would be difficult to prove. As noted above, the 2014 Report of the Internet Content Governance Advisory Group has recommended that section 13 be amended to include electronic communications in the definition of measures dealing with the “sending of messages which are grossly offensive, indecent, obscene or menacing” and the Commission agrees with this recommendation. At the launch of the
2014 Report, the Minister for Communications, Energy and Natural Resources stated that the Government would prepare legislation to implement this ecommendation.
Post Office (Amendment) Act, 1951


Consultation Process
Tackling Cyber-bullying – the Law Reform Commission Calls for Discussion

Question:So why isn't government Minister initiating this bill, as was recommended? waiting for Law Reform Commission report?

online and text message bullying to be criminalised
Communications Minister announces new framework for the oversight of internet content

Internet Content Governance Advisory Group

3.3 Recommendations page 33
We, therefore, recommend the amendment of the Communications Regulation (Amendment) Act 2007 to include ‘electronic communications’ within the definition of measures dealing with the ‘sending of messages which are grossly offensive, indecent, obscene or menacing’. Further, we advise that the Minister for Communications bring to cabinet the recommendation that the Minister for Justice, in conjunction with the Attorney General and the High Court Rules Committee, establish a review of the suitability of current non-party discovery and disclosure rules of court, to bring current court discovery and disclosure processes in line with societal and technological norms.


Legislative measures page 11
15. We recommend that the Communications Regulation (Amendment) Act 2007 be amended to include ‘electronic communications’ within the definition of measures dealing with the
‘sending of messages which are grossly offensive, indecent, obscene or menacing’.
16. Further, we advise that the Minister for Communications, Energy and Natural Resources suggest that the Minister for Justice, in conjunction with the Attorney General and the High
Court Rules Committee, establish a review of the suitability of current non-party discovery and disclosure rules of court, to bring current court discovery and disclosure processes in
line with societal and technological norms.

3.2 Legislative and policy responses
ii. Communications Regulation (Amendment) Act 2007
The Communications Regulation (Amendment) Act 2007, Section 13 amends a pre-existing offence under the Post Office (Amendment) Act 1951 with reference to the use of the telephone system by anyone who:
(a) sends by telephone any message that is grossly offensive, or is indecent, obscene or
menacing, or
(b) for the purpose of causing annoyance, inconvenience, or needless
anxiety to another person–
(i) sends by telephone any message that the sender
knows to be false, or
(ii) persistently makes telephone calls to another person without reasonable cause.
Communications Regulation (Amendment) Act 2007 PART 2

Section 13

Substitute the following section:

“Offences in connection with telephones.

13.—(1) Any person who—

(a) sends by telephone any message that is grossly offensive, or is indecent, obscene or menacing, or

(b) for the purpose of causing annoyance, inconvenience, or needless anxiety to another person―

(i) sends by telephone any message that the sender knows to be false, or

(ii) persistently makes telephone calls to another person without reasonable cause,

commits an offence.

(2) A person found guilty of an offence under subsection (1) is liable on conviction―

(a) if tried on indictment, to a fine not exceeding €75,000 or to imprisonment for a term not exceeding 5 years, or to both, or

(b) if tried summarily, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months, or to both.

(3) A contravention of this section is an offence under the Post Office Act 1908.

(4) On convicting a person for an offence under subsection (1), the court may, in addition to any other penalty imposed for the offence, order any apparatus, equipment or other thing used in the course of committing the offence to be forfeited to the State.

(5) In this section, ‘message’ includes a text message sent by means of a short message service (SMS) facility.”.
Amendment of Post Office (Amendment) Act 1951

Cybercrime Affecting Personal Safety And Privacy Including
Cyberbullying
This Law Reform Commission seminar and civil law remedies deal person's privacy or is seriously hurtful or hateful. This includes online bully harassment, an aspect of the digital age that has the capacity to affect nearly everyone.

mentions Law Reform commission consultation
https://twitter.com/Tupp_Ed/status/536804436396736512
http://www.google.ie/url?sa=t&rct=j&q=&esrc=s&source=web&cd=7&cad=rja&uact=8&ved=0CEMQFjAG&url=http%3A%2F%2Fwww.rte.ie%2Fnews%2F2014%2F1119%2F660619-cyber-harassment%2F&ei=IWYxVdW5LKKs7Aa4voC4Bg&usg=AFQjCNHfXHGJvljb_GgkAadEzHzWMen7Kw&sig2=EiLGsVO_kmR3blxkMwyImA&bvm=bv.91071109,d.ZGU
http://www.irishtimes.com/news/crime-and-law/got-any-views-on-cyberbullying-laws-now-is-the-time-to-speak-1.2005937
http://www.irishtimes.com/news/crime-and-law/greater-urgency-needed-in-fight-against-cybercrime-1.1588522
http://www.irishtimes.com/business/technology/will-verdict-of-us-online-freedom-of-speech-case-have-an-effect-globally-1.2056780
http://www.irishtimes.com/life-and-style/health-family/that-s-men-revenge-porn-could-be-classified-in-law-as-form-of-cyberbullying-1.2007043 on revenge porn
http://www.thejournal.ie/cyberbullying-legislation-crime-1787643-Nov2014/