Cyberflashing set to become criminal offence

Social media companies could be fined up to 10% of annual turnover for failing to take down unsolicited images.
Cyberflashing set to become criminal offence

Earlier this year, in the UK, the Government moved to make cyberflashing a criminal offence. File Picture: PA Wire

Online flashing is set to be made a criminal offence in a move that aims to make the internet a safer space.

Cabinet ministers are today expected to approve amendments to legislation that will ban 'cyberflashing' under the new Online Safety Bill.

The practice typically involves someone using the internet to send an unsolicited image of their naked body — such as so-called "dick pics" —  to someone else.

The amendments to the online safety bill will force tech companies to stop their platforms being used to commit acts of cyberflashing.

Under the proposal, social media companies will face major penalties if they do not comply with the law by removing any imagery that may constitute cyberflashing.

Media Minister Catherine Martin will bring several amendments for the Online Safety and Media Regulation Bill (OSMR) before Cabinet on Tuesday.

 Media Minister Catherine Martin. Picture: Stephen Collins / Collins Photos
Media Minister Catherine Martin. Picture: Stephen Collins / Collins Photos

The OSMR Bill provides radical moves for the establishment of Coimisiún na Meán, which also includes a new regulatory framework for online safety, to help reduce harmful content.

Ms Martin will seek approval to make an amendment to include the criminal offence of flashing as a further category of offence-specific harmful online content under the Online Safety and Media Regulation Bill.

The bill passed through the Seanad in July, completed second stage in the Dáil last month, and committee stage is scheduled for later this month.

Social media companies could face multi-million euro fines if they fail to remove the content.

Any breach of such a code for online safety would be in line with other similar proposed safety codes.

This includes a fine of up to €20m or 10% of a social media company's annual turnover.

In cases where there is online non-compliance with the safety code, criminal sanction for management would apply.

In addition, Coimisiún na Meán will have the power to issue a notice to force the removal of flashing content.

Earlier this year, in the UK, the Government moved to make cyberflashing a criminal offence and for perpetrators to face up to two years in jail.

The move by Ms Martin will be welcomed by online safety experts and criminal law academics who have previously looked for legislation to cover the virtual world.

Gender balance

Ms Martin will also bring measures to Cabinet to promote gender balance on current affairs and music shows.

She is expected to stress to Government ministers that there is a need for a significant improvement in the number of female voices heard and seen on radio and TV.

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