Addressing the Growth of Social Media and tackling Cyberbullying
TITHE AN OIREACHTAS
AN COMHCHOISTE UM IOMPAR AGUS CUMARSÁID
Tuarascáil
Faoi aghaidh a thabhairt ar fhás na Meán Sóisialta agus faoi dhul i ngleic le Cibearbhulaíocht
_______________
HOUSES OF THE OIREACHTAS
JOINT COMMITTEE ON TRANSPORT AND
COMMUNICATIONS
Report
Addressing the Growth of Social Media
31TC 007
and tackling Cyberbullying
July 2013
Joint Committee on Transport and Communications
Table of Contents
3.2 Mental health implications for younger social media users .............................. 15
6.1 The Convention on Cybercrime and the Additional Protocol ............................ 39
6.2 The 2009 agreement with internet companies ................................................. 40
6.4 European Commission Strategy for a Better Internet for Children (2012) ........ 42
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8.7 Provide training and guidance to Gardaí and the DPP..................................... 56
8.8 Ratification of the Council of Europe Convention on Cybercrime ..................... 56
8.9 Provide more support for peer-to-peer learning projects .................................. 56
9. European Commission Strategy for a Better Internet for Children (2012) ............. 57
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Joint Committee on Transport and Communications
Vice-
Chairman’s Foreword
Earlier this year the Joint Committee on Transport and Communications decided to commence hearings on challenges facing individuals, families and communities from the rise of social media, including the challenges posed by cyber-bullying and online harassment.
As social media is changing the way many of our citizens interact with one another, we thought that it was important that the Committee should make itself aware of the various facets of this topic, particularly in light of disquiet, which has been expressed in some quarters, that there are no curbs on irresponsible use of these channels.
Over the course of four meetings the Committee sought to establish how the irresponsible use of social media channels might be curbed. It also invited members of the public and interested groups across the country to have their say and feed into the process through written and online contributions. The purpose of the hearings was to explore how the rights of ordinary citizens could be protected on social media outlets as there had been increasing public concern about the nature of some social media commentary at that time.
The social media platforms, Twitter, Facebook and YouTube engaged very constructively with us in the consultation process as indeed did the Minister for Communications, Energy and Natural Resources, Mr. Pat Rabbitte TD, the Office for Internet Safety, the National Anti-
Bullying Coalition and Digital Rights Ireland. The Committee was also struck by the very strong level of interest manifested by the large number of informed submissions made by individuals and groups.
The Committee undertook these consultations with open minds and with an overall objective of seeking to protect individuals and safeguard the potential of social media from those who seek to subvert it.
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There is no doubt that social media has immense potential for public good and civic engagement and the Committee‘s primary concern was to ensure that it does so without impacting adversely on people's individual rights.
Informed by these public hearings and by the many submissions received from the public, we have prepared this report with practical recommendations to be considered by
Government.
I would like to express my appreciation to my fellow Members of the Joint Committee. The commitment of the Members and most particularly those on the Working Group in producing this Report is very much appreciated.
John O’Mahony T.D.
Vice - Chairman
19 July 2013
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Joint Committee on Transport and Communications
Membership of the Committee
Deputies:
Vacant [Chairman]
John O‘Mahony (FG) [Vice-Chairman]
Michael Colreavy (SF)
Timmy Dooley (FF)
Dessie Ellis (SF)
Terence Flanagan (FG)
Tom Fleming (IND)
Noel Harrington (FG)
Séan Kenny (LAB)
Eamonn Maloney (LAB)
Mattie McGrath (IND)
Michael Moynihan (FF)
Patrick O‘Donovan (FG)
Ann Phelan (LAB)
Brian Walsh (FG)
Senators:
Terry Brennan (FG)
Sean D. Barrett (IND)
Eamonn Coghlan (FG)
Paschal Mooney (FF)
Ned O‘Sullivan (FF)
John Whelan (LAB)
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1. Overview and Recommendations
Currently procedures dealing with cyberbullying focus on providing guidelines to young people, teachers and parents so that they use social media safely. The Committee believes that while these guidelines exist, young people are not sufficiently aware of them.
Most social media companies allow users to block other users or to report abusive content.
However, the Committee believes that public awareness of these procedures is lacking.
Consequently, the potential for either ameliorating the risk of abuse occurring on platforms, or dealing with abuse when it arises, is reduced.
The Committee acknowledges the work that companies such as Google, Facebook and
Twitter are doing to educate users of their services but would like to see this work intensifying, with the involvement and co-operation of school staff as well as parents.
Legislation
The Committee is aware that the European Commission favours industry self-regulation and that this is also the policy position in Ireland (where internet self-regulation is overseen by the Office for Internet Safety (OIS)).
In the case of children and young people being bullied by their peers, it is the Committee‘s opinion that these matters are best dealt with outside the courts system unless they involve cases which are persistent or unresponsive to other forms of intervention. Some cases may be best dealt with within schools, as is increasingly done in the USA where cyberbullying
(even if it occurs outside school time) is seen as disruptive to the learning environment.
Where cases arise which need a stronger response, the Committee is satisfied that there is already legislation in place to deal with cyberbullying though identification and follow-through of cyberbullying remains a problem. However, the costs involved in pursuing a case through the courts may be prohibitive and this is a matter which requires further examination.
Managing reports of social media misuse
A problem identified by the Committee is the lack of a central agency or body charged with managing the reports relating to claims that social media users have been engaging in cyberbullying or other inappropriate behaviour. This has been left to the social media
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Joint Committee on Transport and Communications companies themselves. Mr. Paul C Dwyer of the National Anti-Bullying Coalition told the
Committee that one social network provider received some 100,000 requests per day but had just 90 people to deal with such requests.
The Office for Internet Safety is an Executive Office of the Department of Justice and
Equality and has been established by the Government to take the lead responsibility for internet safety in Ireland, particularly in relation to children.
1
However, the OIS does not have a formal regulatory role; its primary function is to monitor the current self-regulatory model agreed with Internet Service Providers.
2
The OIS also coordinates the Safer Internet Centre and the Safer Internet Ireland Project.
The Committee is concerned that the OIS is not sufficiently developed to deal with the threats posed by the misuse of social media. At present the OIS has a low profile in many quarters. It therefore needs to increase its profile and establish a greater presence on the internet.
EU-wide response
Given the global nature of social media it is impossible for any one country to completely safeguard its citizens. The Committee believes that the scale of cyberbullying on social media platforms requires a collective EU-wide response. The Committee therefore welcomes the European Commission Strategy for a Better Internet for Children (2012).
Disclosure of complaints
The Committee believes that data regarding cyberbullying reports made to social media companies should be collected and reported to the Data Commissioner.
Cyberbullying and suicide - separate issues
While the Committee is aware of cases where victims of cyberbullying have taken their own lives, it is worth noting North American research which found that cyber-bullying is rarely the sole or main cause of death by suicide.
3
1 http://www.internetsafety.ie/
2 http://www.internetsafety.ie/website/ois/oisweb.nsf/page/regulation-whoisresponsible-en
3 http://www.upi.com/Health_News/2012/10/21/Cyberbullying-rarely-sole-link-to-suicide/UPI-83371350795203/
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Nevertheless cyberbullying is a serious issue which can have lasting effects for those affected, resulting in: distress, loneliness, low self-esteem, anxiety, academic difficulties, poor concentration, high absenteeism and poor physical health.
4
The paper contains 8 recommendations which are based on relevant secondary research as well as the submissions received by the Committee and the Committee‘s hearings. These recommendations are as follows:
Recommendation 1
Despite age restrictions put in place by social media companies, many children are opening accounts on social media platforms. The Committee recommends that, where this has been identified, the relevant company must be swift in closing the account and taking down all information in relation to it. Also, parents should be made more aware of their responsibilities in this regard.
Recommendation 2
The Committee recommends that Child Protection Guidelines incorporate guidance for all professionals working with children, to aid them if they encounter issues relating to cyberbullying and inappropriate use of social media.
Recommendation 3
The Committee recommends supporting and reiterating the recommendation contained in the Action Plan on Bullying that the definition of bullying in the new national procedures for schools should include a specific reference to cyberbullying. Also, guidelines specific to cyberbullying should be put in place, so that school principals, who are dealing with instances of cyberbullying, have a clear protocol to follow.
Recommendation 4
The Committee recommends that employers be made aware of the importance of introducing a social media policy, i.e. outlining what constitutes cyberbullying and what actions will be taken if there is a breach of such a policy. Employers should be aware that cyb erbullying falls within the term ‗harassment‘ and Section 10 of the Non-fatal Offences
Against the Person Act 1997 may apply in such cases.
Recommendation 5
The Committee recommends that a review of international best practice in relation to the registration of prepaid SIM cards be carried out by the Government, with a view to exploring the feasibility of preventing use of these cards for malicious and/or illegal purposes.
4
Submission to the Committee from the Royal College of Surgeons in Ireland (2013). Paper entitled
CyberPsychology Research at the Institute of Leadership RCSI
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Recommendation 6
It is the Committee ‘s view that the Office for Internet Safety does not adequately deal with cyberbullying or with the traceability of tweets and other social media. The Committee recommends that a single body be given responsibility for co-ordinating the regulation of social media content. Funding and organisational models for this agency should be agreed with the industry. It is noted that other examples of industry-led partnerships between stakeholders and government have been established in other sectors in recent years.
Recommendation 7
The Committee recommends continuous professional development for public officials working in criminal justice so that they are given clear guidance on how to deal with cases of bullying and cyberbullying.
Recommendation 8
The Committee recommends that more emphasis be placed on educating parents, teachers and children on how to safely use social media. For children, this might incorporate peer-topeer learning whereby children mentor their peers. It is the Committee‘s view that advice and technical support should come from the industry. The SPHE curriculum may also be revised to incorporate this.
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2. Background – Social Media
Social media is a global phenomenon which is becoming increasingly mobile. A recent NM
Incite/Nielsen 2012 report
5
surveyed consumers to discover how they use social networks.
The report finds that the proliferation of smart phones and tablets has facilitated the growth of social media use. The report also shows that mobile phones are the second most commonly used means of connecting to social media, after PCs, with tablets in third place.
As access to social media becomes more mobile, its use expands. Consumers‘ time spent with social media on mobile applications (known as ‗apps‘) 6
and the mobile web increased
63% in 2012, compared to the same period in 2011.
Social media use globally
Figure 1 shows which companies are the most popular, in terms of active users, on a global scale. The chart is sourced from the Trendstream‘s Global Web Index for the final quarter of
2012.
7
The study counts the number of active users on a monthly basis, rather than the total number of users. The chart shows that Facebook is the world‘s most popular social network with 693 million active users ( Facebook Chief Executive Officer (CEO) Mark Zuckerberg has previously claimed that the social network has 1 billion active users a month).
Figure 1: Most popular social media sites, December 2012
5 http://www.nielsen.com/us/en/reports/2012/state-of-the-media-the-social-media-report-2012.html
6
An app is a piece of software. It can run on the Internet, on your computer, or on your phone or other electronic device.
7 http://www.globalwebindex.net/social-platforms-gwi-8-update-decline-of-local-social-media-platforms/
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Social media use among Irish adults
Figure 2 shows the most popular social media platforms at the time of survey (February
2013).
8
The chart shows that Facebook is the most popular platform among Irish adults, with
52% of Irish adults surveyed having a Facebook account. This was followed by Twitter
(23%) and LinkedIn (20%).
Figure 2: Percentage of Irish adults (15+) with social media accounts in 2013
9
Source: IPSOS MRBI Quarterly Social Networking Survey, February 2013, based on nationally representative sample of 1,000 adults aged 15+.
In addition, a recent Eurobarometer Cybercrime Poll (2012) found that the Irish public had a higher than average social networking usage by comparison with their European counterparts.
10
8
Irish Internet Association. (2012). Issue 24, Spring 2012. Accessed on 18 th
April 2012 at http://www.iia.ie/resources/resource/1/state-of-the-net/
9 http://www.ipsosmrbi.com/social-networking-quarterly-survey-februar-2013.html
10 http://www.internetsafety.ie/website/ois/oisweb.nsf/page/73148FCEBF3669E780257B5C0052089D/$File/rep20
13.pdf
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Social media use among Irish teenagers
A recently published Irish study by Machold et al. (2012)
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examined internet usage by young people aged 11-16 years. Tables 1 and 2 are taken from this study. Table 1 shows the basic use of the internet by Irish teenagers. The table shows that facebook (95%) is the most commonly used platform for Irish teenagers, followed by Bebo (65%) and then Twitter
(33%). The table also shows that most teenagers (61%) are never supervised by their parents when on social media, while 37% are sometimes supervised and 2% are always supervised.
Table 1: Basic internet usage among Irish teenagers
Top subscribed to
SNSs
SNS %
Usage of SNS
Mode of internet Parental supervision access most frequently used
Mode % Supervision %
Hours accessed daily
Hours %
Bebo
95%
65%
Shared computer
Personal computer
44%
40%
Always
Sometimes
2%
37%
<2h
2-7h
62%
37%
Twitter 33% Mobile phone
6% Never 61% >7h 1%
Source: Machold et al. (2012)
Bhat et al. (2010) cite Livingstone and Brake (2010) who noted that social networking sites provide opportunities and risks for young people. These opportunities include self presentation, learning, widening their circle of relationships, and managing privacy and intimacy.
12
For most, the use of social media is a positive experience but use of the medium can also be unpleasant.
11
Machold, C., Judge, G., Mavrinac, A., Elliott, J., Murphy, AM., and Roche, E. (2012) Social Networking
Patterns/Hazards Among Irish Teenagers Irish Medical Journal Volume 105(9) (October 2012)
12
BHAT et. al. (2010). Addressing Cyberbullying as a Media Literacy Issue. New Horizons in Education, Vol.58,
No.3. http://www.eric.ed.gov/PDFS/EJ966658.pdf
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Table 2 contains some troubling data regarding children‘s reports on the incidence of bullying or of ‗being made to feel uncomfortable by an adult‘. The table shows that 16% of males have bullied others, while 10% of males report having been bullied through social media. For females these figures are 5% and 12% respectively. Roughly a quarter have been made to feel uncomfortable.
Table 2: hazards to teenagers arising from their use of Social Networking Sites (SNSs)
Hazards Males
10%
16%
Females
12%
5%
Have been bullied
Admitted to bullying/excluding others
Have been made to feel uncomfortable on SNSs
Made to feel uncomfortable by someone own age/younger
Made to feel uncomfortable by an adult
Source: Machold et al. (2012)
23%
71%
33%
29%
75%
41%
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3. Misuse of Social Media
3.1 Age restrictions
Research by Ofcom (an independent regulator and competition authority for the United
Kingdom‘s communications industries) found that despite the age restrictions on many social media websites, 27% of 8-11 year olds, who are aware of social networking sites, say that they have a profile on a site. Children are, therefore, circumventing these restrictions.
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Recommendation 1
Despite age restrictions put in place by social media companies, many children are opening accounts on social media platforms. The Committee recommends that, where this has been identified, the relevant company must be swift in closing the account and taking down all information in relation to it. Also, parents should be made more aware of their responsibilities in this regard.
3.2 Mental health implications for younger social media users
St. Patrick‘s Hospital, in their submission to the Committee, write that social media is having a negative effect on Irish child and adolescent mental health services in terms of cyberbullying, exposure to unsuitable violent and sexual material, as well as excessive use of social media websites instead of actual social interaction. St. Patrick‘s argue that there needs to be: ―…clearer Child Protection Guidelines for all health professionals who encoun ter reports of such incidents in their practice.‖
In addition there are several websites which promote eating disorders. This was brought to the Committee‘s attention in a submission by Pobalscoil Chorca Dhuibhne, Dingle.
Recommendation 2
The Committee recommends that Child Protection Guidelines incorporate guidance for all professionals working with children, to aid them if they encounter issues relating to cyberbullying and inappropriate use of social media.
13 http://stakeholders.ofcom.org.uk/market-data-research/media literacy/archive/medlitpub/medlitpubrss/socialnetworking/summary/
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3.3 Cyberbullying – an international perspective
The Office for Internet Safety recently issued a Guidebook on Cyber-Bullying which defines cyber-bullying as:
―…bullying which is carried out using the internet, mobile phone or other technological devices.‖
Professor Mona O‘ Moore describes cyber bullying as ―an extension of traditional bullying with technology providing the perpetrator with another way to abuse their target.
14
Spunout.ie make a similar point and stress that cyberbullying is simply another form of bullying and not something driven solely by the internet.
However, research by Tokunaga (2009)
15
draws some distinctions between traditional bullying and cyber bullying. The first is that students who would not otherwise engage in bullying do so online; secondly there is a lack of supervision in electronic media; and thirdly, the target or victim is far more accessible and can experience bullying at any time of the day.
Tokunga‘s (2009) research also finds that students who are victims of cyber bullying are usually victims of traditional, off-line bullying as well.
Common cyberbullying tactics include:
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Pretending to be someone else when online;
Spreading rumours and lies about the victim;
Posting pictures of victims without their consent; and
Tricking people into revealing personal information.
Research published in January 2013 by the Cyberbullying Research Centre in the USA
17 found that students whose friends had perpetrated cyberbullying were more likely to engage in cyberbullying themselves. Also, students in schools who reported that cyberbullying was
14 O' Moore, M. (2012) ―Cyber-Bullying: the situation in Ireland‖
Pastoral Care in Education: an international journal of personal, social and emotional development . London: Routledge.
15
Tokunga, Robert S. (2009). Following you home from school: A critical review and synthesis of research on cyberbullying victimization. Computers in Human Behaviour , Vol 26 (2010), 277-287
16
17
Education Partnerships Inc. (2010). Cyberbullying. http://cyberbullying.us/Social_Influences_on_Cyberbullying.pdf
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Joint Committee on Transport and Communications likely to result in a sanction either from parents or the school were less likely to cyberbully others.
18
Research cited by Burnham et. al. (2011) also indicates that young people who experience cyberbullying are reluctant to talk to anyone about it. When they do they are more likely to talk to a friend and least likely to talk to a teacher.
19
3.4 Cyberbullying in Ireland
The Children‘s Ombudsman has described cyber bullying as being one of the most prevalent forms of bullying experienced by children in Irish schools.
20
Indeed, a recent study, reported in the Irish Times, found that the incidence of cyberbullying among Irish teenagers was the highest in the EU.
21
Some statistics on the incidence of cyberbullying among young people in Ireland are:
17% of 12-18 year old Irish students report being victims of cyberbullying at least once;
22
13.9% of 12 –16 year olds reported having been cyberbullied in the last couple of months;
23
Of 9-16 year olds who have been bullied (23%), 4% have been bullied online.
24
Children bullied on the internet are more likely to have been bullied on a social networking site or by instant messaging than by email, gaming sites or chatrooms;
25
Levels of cyber bullying are highest among 15-16 year olds.
26
In January 2 013 the Department of Education and Skills‘ Anti-Bullying Working Group published an Action Plan on Bullying.
27
The Plan recommends that the definition of bullying in new national procedures for schools should include a specific reference to cyberbullying.
18
Ibid.
19
Burnham, J. J., Wright, V. H., & Houser, R. A. (2011). Cyberbullying: Emergent concerns for adolescents and challenges for school counselors. Journal of School Counseling, 9 (15). http://www.eric.ed.gov/ERICWebPortal/search/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=EJ
933181&ERICExtSearch_SearchType_0=no&accno=EJ933181
20
21 http://www.oco.ie/assets/files/OCO-Bullying-Report-2012.pdf
22 http://www.irishtimes.com/news/irish-cyberbullying-highest-in-eu-1.1254704
Cotter, P. &McGilloway, S. (2011). Living in an ―electronic age‖: Cyberbullying among Irish adolescents. Irish
Journal of Education , 39, 44-56.
23 O' Moore, M. (2012) ―Cyber-Bullying: the situation in Ireland‖ Pastoral Care in Education: an international journal of personal, social and emotional development . London: Routledge.
24
EU Kids Online study. (2011). Risks and safety for children on the internet: the Ireland report. http://eprints.lse.ac.uk/46444/1/IrelandReport.pdf
25
26
Ibid.
Action Plan on Bullying. (2013). http://www.education.ie/en/Publications/Education-Reports/Action-Plan-On-
Bullying-2013.pdf
27 http://www.education.ie/en/Publications/Education-Reports/Action-Plan-On-Bullying-2013.pdf
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The Committee is aware of the Department‘s template for developing an anti-bullying policy, which is based on the Guidelines on Countering Bullying Behaviour in Schools
28
, 1993.
However, the Committee feels that guidelines issued specifically at cyberbullying may be merited.
Recommendation 3
The Committee recommends supporting and reiterating the recommendation contained in the Action Plan on Bullying that the definition of bullying in the new national procedures for schools should include a specific reference to cyberbullying. Also, guidelines specific to cyberbullying should be put in place, so that school principals, who are dealing with instances of cyberbullying, have a clear protocol to follow.
A recent Irish Times article highlighted the issue of cyberbullying in the workplace and the potential liability of employers when this occurs.
29
The author, an associate with McDowell
Purcell Solicitors, writes:
―If employers fail to evolve with developments in technology and implement social media policies outlining what is expected of employees, they could be faced with claims brought by both victims and perpetrators of workplace cyberbullying.‖
The article goes on to advise that employers have a social media policy which includes cyberbullying and makes it clear what types of behaviour are prohibited and what the consequences of breaching the policy will be. It was noted by the Minister for Justice and
Equality, Mr. Alan Shatter, T.D., in a Topical Issue Debate in the Dáil on 7 th
November 2012, that cyberbullying, as a form of harassment, should be covered by Section 10 of the Nonfatal Offences against the Person Act 1997.
28 http://www.education.ie/en/Schools-Colleges/Information/Post-Primary-School-Policies/bullying_guidelines.pdf
29
Irish Times.(2013).Firms must show they have strategy against cyberbullies. Accessed on 24 June
2013 at http://www.irishtimes.com/news/technology/firms-must-show-they-have-strategy-againstcyberbullies-1.1438232
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Recommendation 4
The Committee recommends that employers be made aware of the importance of introducing a social media policy, i.e. outlining what constitutes cyberbullying and what actions will be taken if there is a breach of such a policy. Employers should be aware that cyberbullying falls within the term ‗harassment‘ and Section 10 of the Non-fatal Offences
Against the Person Act 1997 may apply in such cases.
3.5 Cyberbullying through text messages
Cyberbullying also includes bullying through phone calls or text messages. An example involved a case where a man pleaded guilty to harassing a teenage boy via text messages between November 2011 and August 2012. During the period of harassment, the offender used five prepaid SIM cards (which do not have to be registered).
30
During the court proceedings it was suggested that the ease of purchasing such ‗Ready to Go‘ SIM cards was an issue, as it made tracing calls very difficult. The Judge in the case agreed that this was an issue worth highlighting.
31
Turning to where, internationally, this issue has been actioned it may be noted that a number of countries in Africa have taken the step of introducing mandatory pre-paid SIM cards.
However, a report by the DIW Berlin (German Institute of Economic Research, 2012), which analysed data from 32 countries in Sub-Saharan Africa from 2000 - 2010 found that mandatory registration of prepaid SIM cards depressed growth in mobile SIM cards and potentially increases the cost of mobile phone telephony. In terms of its impact on crime reduction, the author wrote:
―…there is currently little empirical evidence that mandatory registration leads to a reduction of crime. There are ways of circumventing registration either by presenting fraudulent IDs, conducting identity theft, by stealing or swapping of phones. This casts doubts on the effectiveness of the measures with respect to their very rationale.
Regulators should more thoroughly analyse the costs and benefits of mandatory registration, because these could affect market dyna mics in unintended ways.‖ 32
Six European countries have also introduced a requirement in their national laws for the mandatory registration of pre-paid SIM cards. A written parliamentary question in the
30 http://www.independent.ie/irish-news/courts/man-guilty-of-malicious-and-evil-bullying-of-boy-through-textmessages-28947459.html
31 http://www.mayonews.ie/index.php?option=com_content&view=article&id=17206:westport-man-givensuspended-sentence-for-harassing-teenage-boy&catid=23:news&Itemid=46
32 http://www.diw.de/documents/publikationen/73/diw_01.c.394079.de/dp1192.pdf
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European Parliament on 26 th
April 2012 asked if the European Commission believed it should adopt legislation to ‗combat telephone fraudsters throughout the European Union.‘
The question received the following reply:
―The Commission has invited Member States to provide evidence of the effectiveness of mandatory registration of pre-paid SIM cards, where such a measure is in place, and of the potential security benefit were the EU to adopt a similar approach. To date, no evidence has been forthcoming to justify action at EU level. Therefore, and as stated in the evaluation report on the Data Retention Directive (COM(2011)225 final), the Commission is not convinced of the need for action in this area at an EU level at this stage.‖
A parliamentary question
33
addressed to the then Minister for Justice, Equality and Law
Reform, Mr. Dermot Ahern, T.D. on 3 rd
November 2009 received the following reply in relation to the registration of SIM cards:
―The registration of prepaid mobile phones would present a number of challenges, not least the costs of such a system given the volume of prepaid SIM cards in use and the wide range of retail outlets where they are available. It could raise issues of telecommunications regulation policy, which are of course a matter for the Minister for
Communications, Energy and Natural Resources. It could also raise significant privacy and data protection issues. EU Justice Ministers have asked the European
Commission, in the context of reporting under the 2006 Directive on Data Retention, to consider whether there are technical solutions that might help improve identification of the users of, for example, mobile 'phones with prepaid SIM cards. The matter is, of course, kept under constant review.‖
Recommendation 5
The Committee recommends that a review of international best practice in relation to the registration of prepaid SIM cards be carried out by the Government, with a view to exploring the feasibility of preventing use of these cards for malicious and/or illegal purposes.
33
PQ number 689
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3.6 Defamation
Any person who creates defamatory material which is then published on the internet leaves themselves open to prosecution in respect of the offence of defamation.
34
Digital Rights Ireland (DRI), a body which describes itself as ―…devoted to defending Civil,
Human and Legal rights in a digital age,‖ 35
state that, in principal, defamation online is no different to defamation offline and to prove defamation has occurred it has always been necessary to show that publication occurred. This, DRI claims, is not as straightforward in the case of online publishing, as publishing to the internet does not necessarily mean that it was read by a large number of people. Defamation may also occur in cases where an offensive remark is retweeted.
36
As observed by DRI, this may be unintentional on the part of the person who is retweeting the original remark.
34 http://www.irishstatutebook.ie/2009/en/act/pub/0031/sec0006.html#sec6
35 http://www.digitalrights.ie/about/
36
A very popular instant messaging system that allows a person to send brief text messages up to 140 characters in length to a list of followers. Launched in 2006, Twitter was designed as a social network to keep friends and colleagues informed throughout the day. However, it became widely used for commercial and political purposes to keep customers, voters and fans up-to-date as well as to encourage feedback. Twitter messages
(‗tweets‘) can be made public and sent to anyone requesting the feed, or they can be sent only to approved followers. Messages can be sent and received via text messaging (SMS), the Twitter Web site or a third-party
Twitter application. Twitter became a viral conduit when users initiated
‗retweeting,‘ which forwards tweets they get to their followers.
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4. Dealing with the misuse of the Internet and Social Media – procedures currently in place
4.1 Government initiatives
Safer Internet Ireland Project
The Safer Internet Ireland project is a consortium of industry, education, child welfare and government partners which is coordinated by the OIS.
37
The key objectives of the project are to:
38
Create high profile, tightly coordinated, national safer internet actions.
Develop materials and programmes of awareness to ensure that children, teachers and parents understand the benefits and risks of the Internet.
Make available a professionally run counselling service where children affected by issues encountered on the Internet may turn for advice and guidance.
Operate an Internet hotline service that is trusted by the public to allow anonymous confidential reporting of suspected illegal content or activities encountered on the
Internet.
The website www.makeitsecure.org
is sponsored by the Department of Communications,
Energy and Natural Resources (DCENR), the Department of Finance of the devolved
Government of Northern Ireland and a number of key software companies including
Microsoft, British Telecom, Eircom and Vodafone.
39
The website states:
―It is the intention of the makeITsecure initiative to provide a focal point and guide to users on the importance of the safe use of the internet.‖ 40
4.2 Industry profile and processes
Social media companies have different processes to deal with misuse of the medium. In this section the procedures put in place by Ask.fm, Facebook, Google, and Twitter are examined.
All of these companies met with the Committee to discuss their procedures, with the exception of Ask.fm.
37 http://www.internetsafety.ie/website/ois/oisweb.nsf/page/siiproject-en
38
Ibid.
39 http://www.garda.ie/Controller.aspx?Page=1713&Lang=1
40 http://www.makeitsecure.org/en/index.html
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Joint Committee on Transport and Communications
The Industry self-regulatory process, with the support of the European Commission, was set up in December 2011, to develop simple tools for users to report harmful content and contact. There were five main actions:
41
Action 1: Simple and robust reporting tools for users;
Action 2: Age-appropriate privacy settings;
Action 3: Wider use of content classification;
Action 4: Wider availability and use of parental controls;
Action 5: Effective takedown of child sexual abuse.
Ask.fm
Ask.fm is an anonymous question and answer platform website used regularly by young people in Ireland and around the world.
42
On visiting the site, Ask.fm encourages people to sign-up to begin receiving questions and posting answers.
Users can then add more personal information such as date of birth, gender, location and a bio, as well as uploading their picture.
Ask.fm encourages people to share their profile through various different social networking websites like Facebook, Twitter and Tumblr.
When the link is shared, other people can find a profile to begin posting anonymous comments.
On signing up, users are given the option of searching for people they already know by entering names, usernames or emails.
Users can choose to ‗follow‘ other users. However, unlike Twitter, a user can never find out who is following them and can only know the overall number of followers he/she has.
43
There are daily questions for users to answer too, such as "what sport do you do?", "which song reminds you of your childhood?" and "which websites do you visit most frequently?"
A user can ask any other user a question (anonymously or openly) even if they do not follow them. If the question is answered, the answer may be shared on Facebook or Twitter, depending on how they have signed in. Alternatively, users can decline to answer them, whereby the question will not be made public.
41 http://ec.europa.eu/information_society/activities/sip/self_reg/index_en.htm
42 http://www.webwise.ie/AskfmGuide.shtm
43
Ibid.
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Joint Committee on Transport and Communications
Integration with Facebook
Ask.fm is highly integrated with Facebook and users have the option of cross-posting the questions and their answers on their Facebook timelines. Depending on Facebook privacy settings, if questions and answers are cross-posted, they appear to everyone on Facebook.
In addition there is an Ask.fm app on Facebook. The app means that users can operate their
Ask.fm profiles within Facebook.
44
Integration with Twitter
Ask.fm is integrated with Twitter, to a lesser extent than Facebook. While there is no
Twitter/Ask.fm app, users can integrate with their Twitter accounts by opting for the option of signing in using their Twitter credentials. By doing this, users have the option of publicly tweeting the answers to questions they receive. Once done, the question and the answer appear on Twitter and can be viewed by anyone who does a search for "ask.fm" on Twitter or by someone using a live Twitter application which shows up-to-date tweets sorted by search terms, such as Tweetdeck.
Ask.fm procedures in response to cyberbullying
Blocking
If a user is unhappy with the content of some questions, they can block the user who posed the question. Once "block" is clicked, the user will no longer get questions or likes from that person. However, the person who is blocked can still access their profile to view all other interactions.
Reporting
Ask.fm does not appear to have any formal reporting mechanism. If using the app through
Facebook, there is an option to report the application by clicking on "report/contact this app."
45
44 http://www.webwise.ie/AskfmGuide.shtm
45 http://www.webwise.ie/AskfmGuide.shtm
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Joint Committee on Transport and Communications
Controversy
Ask.fm has been the subject of a number of recent controversies surrounding the deaths of teenagers in Ireland and Britain, who were the subject of cyber bullying on the website.
There have been calls from some quarters to close the website down for this reason.
In response to such calls, Ombudsman for Children Ms. Emily Logan said:
―I don‘t think blocking one website is going to stop the issue. If anything it would possibly generate even more websites if it creates the amount of attention that it‘s getting, and rightfully so in terms of the association with cyberbullying.‖ 46
Founder of Ask.fm Mark Terebin, when questioned about suicides which some have linked to the website, has said:
―Of course there is a problem with cyber bullying in social media. But as far as we can see we only have this problem in Ireland and in the United Kingdom most of all, trust me. There are no complaints regarding cyber bullying from parents, children or other sources in other countries. It seems that children are crueler in these countries (Ireland and the United Kingdom).‖ 47
Facebook has the most users of any social media forum in the world. Facebook allows users to set up a personal profile or a page, advertising an event. According to statistics provided by Mr. Simon Milner, policy director for UK and Ireland, at a Committee meeting on 7 th
March
2013, Facebook currently has 1 billion active accounts. Profiles allow for the sharing of video, status updates as well as the ability to ‗like‘ the post of another.
Procedures in place to prevent cyberbullying
Ms. Patricia Cartes outlined Facebook‘s safety policies at a Committee meeting on 7 th
March
2013. Ms. Ca rtes described Facebook‘s ‗four-tier approach‘ as follows:
1. Policies – Facebook operates a real name policy so that users must register their real name. Facebook has a number of mechanisms to detect fake accounts.
2. Processes
– there is a ‗report‘ button placed throughout the site and also a help centre, where members of the public can contact Facebook. Facebook also has separate settings for under 18s.
46 http://www.irishtimes.com/news/blocking-ask-fm-will-not-stop-bullying-1.546881
47 http://www.baltictimes.com/news/articles/32693/
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3. People – Facebook has established a social reporting mechanism, whereby a person can contact someone in the community to discuss a post which may be abusive. Facebook also has a safety centre, which contains information on how to deal with abuse. When people make reports to Facebook about abuse, Facebook lets them know the status of their reports through the ir ‗support dashboard.‘
Facebook strives for a turnaround time of 24 - 48 hours but turnaround time varies depending on the type of abuse.
4. Partnerships – Facebook have a number of local partnerships in Ireland. They work with Webwise and Internet Service Providers of Ireland (ISPAI). Facebook also works with the safer internet centres in Europe. In addition Facebook has a partnership with the Samaritans, which enables Facebook to provide specialist support to people who are feeling suicidal.
Blocking
Facebook allows users to block a person who is harassing them or they don‘t wish to interact with. This stops interaction both from the person who has been blocked and the person taking the action.
Ms. Patricia Cartes told the Committee at a meeting of 7 th
March that Facebook seeks to bring Facebook users who are engaging in bullying or other malicious behaviour into compliance through a system of ‗educational checkpoints.‘ If the violation is very severe,
Facebook will seek to remove the users account. When asked how many accounts
Facebook has removed, Ms Cartes said:
―The number of accounts we remove might not be as informative as one would want them to be. It is much more interesting to see how many users we bring back into compliance over time.‖
Facebook are working with the UK child protection agency CEOP (Child Exploitation and
Online Protection) to create ClickCEOP, which is a link on users‘ homepages, which enables them to report inappropriate activity. The link or ‗panic button‘ as it has been called is aimed at 13-18 year-olds in the UK.
48
48 http://www.siliconrepublic.com/new-media/item/16930-facebook-introduces/
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Joint Committee on Transport and Communications
Controversy
A number of recent suicides in Ireland and elsewhere has focused the spotlight on Facebook following reports that these suicides were preceded by bullying on the website. On 6 th
May
2013 the Irish Independent reported that The National Association of Principals and Deputy
Principals (NAPD) wrote a letter to Facebook requesting a meeting to discuss issues relating to cyberbullying and the possible establishment of school liaison teams as well as the prompt takedown of abusive posts.
49 The Irish Independent report that ― NAPD director Clive
Byrne said the letter from Facebook was "generic" and ignored the request for a meeting.”
On 23 rd
May 2013 the Irish Times reported that a coalition of more than 60 groups are protesting against Facebook pages which promote violence against women. As a result of such pages, some companies such as Nissan have pulled their advertising.
50
The Irish
Times report that:
―Facebook has said that some ―vulgar and offensive‖ content will remain on the site on the basis that it is free speech, not hate speech.‖
In a move to counter the registration of children under 13 (Facebook‘s own cut-off age) to
Facebook, a school in Queensland, Australia has warned that students under the age of 13 will be expelled if they do not close their Facebook accounts.
51
It is reported that the regional
Department of Health supports the move.
Twitter describes itself as a:
―…real-time information network that connects you to the latest stories, ideas, opinions and news about what you find interesting .‖ 52
Twitter users can follow other users and be followed in turn. Users share information by means of ‗Tweets‘, which are 140 characters long. Not all users tweet, some prefer to read the tweets of others.
49 http://www.independent.ie/irish-news/facebook-ignores-call-by-principals-for-talks-on-cyberbullies-
29244121.html
50 https://www.irishtimes.com/business/sectors/media-and-marketing/facebook-defends-position-on-hate-speech-
1.1404239
51
52 http://www.thejournal.ie/school-warns-students-quit-facebook-or-be-expelled-453784-May2012/ https://twitter.com/about
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Joint Committee on Transport and Communications
Ms Sinéad McSweeney, Director Public Policy Europe, met with the Committee on 7 th
March
2013 to discuss Twitter‘s safety polices. Ms. McSweeney described the high volume of traffic
Twitter experiences, with 1 billion tweets every two and a half days. More than 60% of
Twitter is conducted on mobile phones.
Procedures in place to prevent cyberbullying
In order to hold a Twitter account, one must be over 13 years old. Twitter has a help centre which contains ―…a range of resources, tool and facilities for our users to deal with any issue that might arise for them on the platform.‖ For those experiencing cyberbullying there is information on how to report abuse or policy violations. Ms. McSweeney explained that content which is in breach of Twitter‘s rules can lead to permanent suspension of their account. Such breaches include direct threats of violence, abusive behaviour, posting private information, and impersonation.
McSweeney di scusses Twitter‘s two-pronged approach to dealing with abusive behavior on their platform. This approach consists of:
1. Education and awareness raising.
2. Procedures for reporting content.
Twitter works with and receives feedback from other organisations as well as parents and teachers to modify its policies and procedures in relation to malicious content or abuse of the medium. When asked about corporate responsibility, Ms. McSweeney mentioned its programme, Tweets for Good as well as its participation in Safer Internet Day, where safer internet messaging was facilitated on the platform.
Where content posted is criminal, Twitter can provide law enforcement agencies with information on that Twitter account. Twitter publish the details of requests received from law enforcement agencies and Government annually.
Blocking
Twitter can block content in countries where such content is illegal in that country. Twitter gave the Committee the example of Nazi speech in Germany.
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Joint Committee on Transport and Communications
Google/YouTube
Google operate the world‘s most widely used search engine as well as the social media website Google +. In addition Google own YouTube, the world‘s biggest video-sharing platform. Ms. Sue Duke, head of public policy and Ms. Sabine Frank, media literacy policy counsel at Google, met with the Committee at their meeting of 20 th
March 2013. This section will summarise details of Google‘s safety procedures as outlined to the Committee.
Google describe the three pillars of their approach to user safety as follows:
Education – responsible use of the internet, digital citizenship, digital literacy.
Empowerment – community guidelines, setting out the rules for being on YouTube, users given full control over the videos they post and the comments made on them. A user can set their video to private if they want to limit its exposure.
Protection – invested in technologies to protect users, dedicated website google.ie/goodtoknow is designed to educate people about protecting themselves online. In addition Google has formed partnerships with other organisations which work directly with companies to improve safety for users. Google recently supported
European Schoolnet‘s The Web We Want booklet.
Google also have trusted ‗flaggers‘ in organisations who have a track record of reporting content which is abusive and breaks the rules.
Projects and campaigns
The digital citizenship curriculum is aimed at second-level students and educates them about Y ouTube‘s policies, how to keep safe online and how to report abusive content.
‗It Gets Better‘ is targeted at young lesbian, gay, bisexual and transgender teenagers. The movement highlights issues of bullying facing young LGBT teenagers.
361 Degree Tolerance is a YouTube channel created with several partners in Germany.
Google asked students and schools to provide video material on how they define reputation and fight anti-respectful behaviour.
Blocking
YouTube allows users to block another user. Once this user is blocked they will be unable to comment on a video or contact one privately in any way.
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Joint Committee on Transport and Communications
Controversy
On 16 th
May 2013 the High Court heard the case of a man who was wrongly identified in a video posted on YouTube as having evaded a taxi fare . The video of the incident ‗went viral‘ 53
and the man was subjected to numerous online insults which the judge described as:
―a miscellany of the most vile, crude, obscene and generally obnoxious comments.‖ 54
In spite of his innocence he was unable to have the content removed from all of the websites involved and found that the self-delete facility was limited in scope. He sought a mandatory injunction requiring the internet companies to permanently remove the video. The judge acknowledged that he had been defamed and ordered that experts for the internet companies meet with experts for the plaintiff with a view to removing all relevant material worldwide and permanently.
Services provided by other bodies/agencies
O2
‗Block It‘ is a free service provided by O2 which allows their customers to block texts, MMS or videos from specific mobile phone numbers.
55
The service was developed along with
Anam Mobile (an Irish messaging services firm) but is available to O2 customers only.
56
Family Online Safety Institute (FOSI) The Family Online Safety Institute is an international, non-profit organization whose aim is to make the online world safer for children and their families. FOSI run a programme called ‗A Platform for Good‘ which is designed to help parents, teachers and teens to behave responsibly online.
57 A screenshot of their website‘s resource centre is included over:
53 To ‗go viral‘ refers to postings on the internet which become very popular, very quickly.
54 https://www.irishtimes.com/news/crime-and-law/court-orders-removal-of-dublin-taxi-youtube-clip-1.1396069
55 http://www.o2online.ie/o2/uploads/pdfs/terms/promos/O2-Block-It-Service.pdf
56 http://www.webwise.ie/BlockItCombatingMobilePhoneBullying.shtm
57 http://www.aplatformforgood.org/pages/about-us
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Joint Committee on Transport and Communications
Recommendation 6
It is the Committee ‘s view that the Office for Internet Safety does not adequately deal with cyberbullying or with the traceability of tweets and other social media. The Committee recommends that a single body be given responsibility for co-ordinating the regulation of social media content. Funding and organisational models for this agency should be agreed with the industry. It is noted that other examples of industry-led partnerships between stakeholders and government have been established in other sectors in recent years.
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Joint Committee on Transport and Communications
5. The legislative position in Ireland
Internet Service Providers (ISPs) in Ireland operate under a self-regulatory format in relation to harmful or illegal content on the Internet. This is based on an Industry Code of Practice and Ethics which is overseen by the Government.
58
However, existing legislation may be used where offences were committed through social media.
This section looks at existing legislation which may encompass some online offences and also the difficulties inherent in legislating in respect of online behaviour.
5.1 Difficulties in legislating in respect of social media
At a Committee meeting on 6 th
March 2013, the Minister for Communications, Energy and
Natural Resources, Mr. Pat Rabbitte, T.D. addressed the Committee on the difficulty posed in regulating social media content. The Minister identified three particular difficulties from his perspective:
1. Internet governance must be conducted on a multi-jurisdictional basis.
2. Social media is an integral part of a larger media eco-system and treated in the same way as any media, with consideration of Article 10 of the European Convention on
Human Rights.
3. While different areas of Government are affected by social media and have an involvement, there is no single Department or State agency which can steer it.
5.2 Relevance of legislation currently in place
Digital Rights Ireland point out that Article 40.6.1 of Bunreacht na hÉireann shows that the right to free speech is not absolute and this also applies online. The following pieces of legislation may be relevant to cyberbullying offences.
58 http://www.internetsafety.ie/website/ois/oisweb.nsf/page/regulation-en
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Joint Committee on Transport and Communications
Communications Regulation (Amendment) Act 2007
Minister for Communications, Energy and Natural resources, Pat Rabbitte, T.D. said that while the Communications Regulation (Amendment) Act 2007 dealt with the use of the telephone system to send grossly offensive, indecent, obscene or menacing messages, the law did not extend to social media. The Minister said that there appeared to be a gap in the legislation relating to electronic communications infrastructure.
Non-Fatal Offences Against the Person Act 1997 – Section 10 (1) of this Act provides for the criminal offence of harassment. This section provides that:
―Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.‖
Harassment is further explained in subsection (2) as being where:
―he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.‖
Section 10 (3) of the 1997 Act allows a Court to order that a person cannot for a certain period ―communicate by any means‖ with the victim, i.e. a restraining order. This order can be made in addition to or as an alternative to imposing a conviction under subsection (1).
Mr. Paul C. Dwyer of the National Anti-Bullying Coalition considers this legislation to be useful for instances of cyberstalking or harrassing a person. However, he remarked that subjectivity can be an issue and that guidance needs to be provided to An Garda Síochána to clarify such issues.
Minister Rabbitte, in his presentation to the Committee, said that while the 1997 Act deals with direct communications with someone, it does not deal with communication about someone and is being ―interpreted in a very narrow sense by the courts‖.
Digital Rights Ireland also referred to Section 5 of this Act, which makes it an offence to make threats to kill or cause serio us harm to someone. This arose during the Committee‘s deliberations when the issue of threats made via YouTube were raised.
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Joint Committee on Transport and Communications
Post Office Amendment Act 1951
Section 13 of this Act makes it an offence for a person to send menacing, offensive, indecent, or obscene messages via telephone. The Act was amended in 2007 to include text messages (schedule 1, part 2 of the Communications Regulation (Amendment) Act 2007).
Although it has been suggested that the scope of this Act could be broadened to encompass other forms of electronic communication, DRI express concern that this would create potential criminal liability for any person placing any material on the internet. DRI said that by doing so:
―…we effectively allow the most easily offended people to set the standard for freedom of expression.‖
Mr. Fergal Crehan of DRI said that when this Act was amended in 2007 there was a good reason for not including internet communications. He expressed the concern that:
―…the concept of intimacy of harassment would be lost. We would be dealing with something that is spoken to the world at large but to nobody in particular.‖
Mr. Crehan also argued that amending the legislation to include online communications would break the principle of parity between online and offline speech, making something legal to say offline but not online. Mr. Crehan also said that it would add to the work burden of the Garda computer crime unit. Finally, DRI argue that expanding Section 13 of the Act would be in breach of Article 10 of the European Convention on Human Rights (freedom of expression).
The Data Protection Acts 1988 and 2003
The placing of personal information about a person online, without their consent, is a breach of the Data Protection Acts. This was raised during the Committee‘s discussions by Mr. T.J.
McIntyre of Digital Rights Ireland who said that Irish data protection laws cover anyone who is an unwilling subject of a YouTube video. A benefit of this legislation, he went on to say, is that it is largely harmonized across Europe. This is important if the video or information is hosted in another country. Mr. McIntyre questioned whether there was adequate awareness of these rights.
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Joint Committee on Transport and Communications
The Criminal Damage Act 1991
This Act was brought up by Mr. Paul C. Dwyer of the National Anti-Bullying Coalition during a Committee meeting on 13 th
March 2013. However, Mr. Dwyer argued that the legislation dates back to posts and telegraphs and has not kept up with technology.
Westlaw.ie‘s
Annotated Statutes state that the Act penalizes unauthorized access to computers. Fines and imprisonment are options if a person breaches the Act, along with a compensation order for the injured party.
The Prohibition of Incitement to Hatred Act 1989
This Act prohibits incitement to hatred against a group of persons on account of one of the following grounds; race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation.
59
Incitement includes publication, broadcast and preparation of materials.
Criminal proceedings were issued under this Act against a man who in 2009 created a
Facebook page with an offensive title.
60
This was the first case taken under the 1989 Act, relating to online content. The judge dismissed the case, ruling that there was reasonable doubt regarding the intent to incite hatred towards members of the traveller community.
Nasc, the Irish Immigrant Support Centre
61
, describe this Act as the only legislation in Ireland that deals with racially motivated behavior in Ireland but argue that it was never intended to deal with criminal acts where incitement is not a factor. To secure a conviction under the
1989 Act, Nasc write, the prosecution must prove that actions were intended to stir up or incite hatred. Nasc believe this Act is inadequate in dealing with online racism.
Defamation legislation
The relevant provisions and legislation in Ireland, as regards issues touching upon online defamation and redress for those subjected to this, are mainly Articles 40.3.1, 40.3.2 and
40.6.1 of the Constitution, the European Convention on Human Rights (as incorporated into
Irish law), the E-Commerce Directive and the Defamation Act 2009 .
59
As per section 1(1) of the Act
60 http://www.pila.ie/bulletin/2011/october/5-october-2011/irish-district-court-dismisses-traveller-facebook-hatespeech-case/
61
Nasc is a non-governmental organisation.
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Joint Committee on Transport and Communications
Minister Rabbitte referred to the Defamation Act 2009 in his meeting with the Committee and
Digital Rights Ireland referred to it in their presentation to the Committee where they singled out Section 36 which deals with blasphemy. Under Section 6 (2); the tort of defamation consists of the publication, by any means, of a defamatory statement concerning a person to one or more than one person (other than the first-mentioned person i.e. if the defamed person is the only person to see/hear, there is no legal action). It is not necessary, therefore, that an individual be specifically named but, rather, an action can lie in relation to a defamatory statement provided that the reasonable reader of, or audience member for the publication, would identify the individual (including, for example, identifying the plaintiff as part of a class of people).
This is of particular relevance in terms of internet publications where search engines and linking raises the possibility of the individual being identified not in the defamatory statement but from the cross-referencing of search results.
Norwich Pharmacal orders
62
Norwich Pharmacal orders can be used to allow for the disclosure of personal information of internet users by ISPs in civil actions in the High Court. Mr. T.J. McIntyre of Digital Rights
Ireland said there were between six and seven applications for Norwich Pharmacal orders in the last three years.
Some examples of Irish cases seeking Norwich Pharmacal orders include EMI Records (Ireland) Ltd v Eircom Ltd, Ryanair v. Johnston, and Maguire v Gill.
These cases do not relate to cyberbullying.
Criminal Justice (Public Order) Act 1994
Section 7(1) of this Act creates the offence of ―Distribution or display in public place of material which is threatening, abusive, insulting or obscene
‖.
It further provides that:
―It shall be an offence for any person in a public place to distribute or display any writing, sign or visible representation which is threatening, abusive, insulting or
62
These orders are named after the first case to allow this particular kind of disclosure, by the House of Lords. Norwich Pharmacal Co. & Customs and Excise Commissioners (1974) AC 133.
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Joint Committee on Transport and Communications obscene with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned.‖
Recently a case was heard in Longford District Court where sixteen people were before the
Court for an alleged breach of the peace contrary to common law. The Defendants were accused of uploading videos to YouTube which contained:
―insults to both parties, threats of violence, repeated reference to people with mental handicaps, homophobic comments and what was described as insulting and vulgar behaviour ‖.
A number of the Defendants were ordered to enter a peace bond following the hearing.
63
Clarification of existing legislation
The Anti-Bullying Working Group, in its report to the Minister for Education and Skills, made the following recommendation:
―…at this time, the focus should be on securing implementation of existing legislative requirements across the system rather than seeking to introduce new legislation.‖
DRI also recommend using existing legislation rather than creating further legislation to address this issue. Nasc recommend that the Government clarify whether or not online racism falls under the existing criminal and civil legislation. In addition Nasc recommend new legislation which would include racial hate crimes and deal specifically with online racism. Spunout.ie (a youthfocused website funded by the HSE) also recommend that the Government clarify the actions which can be taken under Section 10 of the Non-Fatal Offences Against the Person Act 1997 , in relation to barring or restraining orders).
63
Judge orders defendants in YouTube case to enter peace bond, 22/02/12 (Longford Leader), available at: http://www.longfordleader.ie/news/local/judge-orders-defendants-in-youtube-case-to-enter-peace-bond-1-
3549315
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Joint Committee on Transport and Communications
6. Initiatives at EU level
This section looks at the approach taken at the EU level to tackle cyber bullying and other misuse of social media.
6.1 The Convention on Cybercrime and the Additional Protocol
At a Committee meeting on 22 nd
March 2013, Mr. T. J. McIntyre, was asked:
―…is there an issue with regard to posts made in a different jurisdiction to where the complainant is living, for example, China or the UK? What blockages exist in terms of them seeking redress?‖
In response Mr. McIntyre explained that:
―Ireland has mutual legal assistance treaties with a number of jurisdictions, most importantly the US, because the vast majority of these services tend to be headquartered in the US. If something amounts to a criminal offence, it is already the case that the computer crime investigation unit could make use of that process to get information from, for example, Google in Mountain View, California. The mechanisms are already in place.
One problem is that Ireland has yet to ratify the convention on cybercrime. We entered into this convention and agreed to it in 2001. We intended to implement it and ratify it by 2003 and we are still waiting.‖
The Convention on Cyber-Crime , was developed by the Council of Europe in 2001. It is the only binding international instrument on this issue.
64
The Convention on Cybercrime is intended to be used as a guideline for countries to develop national legislation to deal with
Cybercrime, while serving as a framework for international cooperation.
65
The Convention has been signed and ratified by a number of the Council of Europe (―CoE‖) Member States, along with various other CoE partner states such as Canada, the United States, South Africa and Japan.
Ireland signed the convention in 2002 but has not ratified it.
On November 7 th
, 2002, the Committee of Ministers of the CoE adopted the Additional
Protocol to the Convention on Cybercrime.
The Additional Protocol requires ratifying
Member States to pass laws criminalizing ―acts of racist or xenophobic nature committed
64 http://www.coe.int/t/DGHL/cooperation/economiccrime/cybercrime/default_en.asp
65
Ibid.
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Joint Committee on Transport and Communications through computer networks.‖ This includes the dissemination of racist or xenophobic material, the making of racist or xenophobic threats or insults, the denial of the Holocaust and other genocides. It also commits ratifying nations to extend to these crimes the investigative capabilities and procedures created pursuant to the main Convention. Ireland has not ratified this Additional Protocol.
6.2 The 2009 agreement with internet companies
In 2009 the European Commission brokered an agreement among major internet companies. The basis of this agreement was to improve the safety of under 18s who use social networking sites. The agreement was the result of discussions held by the Social
Networking Task Force which was set up by the European Commission in April 2008. The
Commission writes that the outcome:
―…is a good example of industry self-regulation, an approach favoured by the
C ommission if effectively implemented.‖ 66
European initiatives include the:
Safer Internet Programme (2009-2013)
Strategy for a Better Internet for Children (2012)
6.3 Safer Internet Programme (2009-2013)
The first Safer Internet Programme was created in 1999 by the European Commission. The current Safer Internet Programme (2009-2013) places more focus on grooming and bullying.
67
The aims of the Safer Internet Programme are to:
inform young people, parents, carers and teachers of the potential risks that youngsters may encounter online, and
fight illegal and harmful content and conduct online.
66 http://europa.eu/rapid/press-release_IP-09-232_en.htm?locale=en
67 http://ec.europa.eu/information_society/activities/sip/policy/programme/index_en.htm
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Insafe and safer internet centres
The Safer Internet Programme also part funds Insafe, a European network of Awareness
Centres, which promote the safe and responsible use of the internet and mobile devices to young people. The Programme works with the help of Safer Internet Centres which are now present in 30 European countries, most including a helpline and a hotline.
68
In Ireland the Safer Internet Centre is coordinated by the Office for Internet Safety (OIS). The project involves:
safer internet awareness activities, managed by the National Centre for Technology in Education (NCTE);
a hotline coordinated by the Internet Service Providers Association of Ireland (ISPAI);
two helplines run by the National Parents Council Primary (NPC) and the Irish
Society for the Prevention of Cruelty to Children (ISPCC).
69
Hotlines
Hotlines are places where the public can report illegal content they encounter online. The hotlines can then investigate these reports. If it is found that the content is illegal, the hotline will refer the matter to the relevant countries‘ law enforcement agency and also the Internet
Service Provider for removal. If the content is hosted in another country, it will be passed on to that country‘s hotline.
70
Action 40 of the Digital Agenda for Europe provides for the installation of hotlines by 2013:
―Member States should fully implement hotlines for reporting illegal online content, organise awareness raising campaigns on online safety for children, and offer teaching online safety in schools, and encourage providers of online services to implement self regulatory measures reg arding online safety for children by 2013.‖
68 http://www.saferinternet.eu/web/insafe-inhope/about-the-safer-internet-programme
69 http://www.saferinternet.org/ireland
70
Ibid.
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Joint Committee on Transport and Communications
The Commission goes on to say that, while this should be co-ordinated at EU level, it must be implemented at national level with the financial and political support of Member States .
71
Hotlines in Ireland
INHOPE (International Association of Internet Hotlines) co-ordinates these hotlines.
72
In
Ireland, the Hotline ( www.hotline.ie
) is part financed by the European Commission‘s Safer
Internet Plus Programme. It is supervised by the Department of Justice, Office for Internet
Safety (OIS), in cooperation with An Garda Síochána, and is a member of INHOPE.
73
There are two ways, facilitated by hotline.ie, in which the public can report content encountered online. They can either click t he ‗make a report‘ button on the home page or contact the service by phone, email or letter. Hotline.ie report that their most commonly downloaded file is ―Cyberbullying.pdf.‖ 74
However, in their annual report 2012, Hotline.ie write that in most cases they are unable to deal with cyberbullying reports, as usually the content is not illegal.
75
6.4 European Commission Strategy for a Better Internet for Children (2012)
The Strategy for a Better Internet for Children writes of the proposal to combine a series of instruments based around legislation, self-regulation and financial support.
76
With regard to regulation the strategy states:
77
―Regulation remains an option, but, where appropriate, it should preferably be avoided, in favour of more adaptable self-regulator y tools, and of education and empowerment.‖
The strategy aims to empower children to deal with cyberbullying while putting in place mechanisms for reporting content EU-wide. These mechanisms will make it: ―…easier for citizens to report cybercrimes, particularly in the context of the development of the network of national cybercrime alert platforms and the future European Cybercrime Centre.‖
71 http://ec.europa.eu/digital-agenda/en/pillar-iii-trust-security/action-40-member-states-implement-harmfulcontent-alert-hotlines
72
73 http://www.inhope.org/gns/our-members.aspx
74 http://www.hotline.ie/library/pr13032012parents.pdf
http://www.internetsafety.ie/website/ois/oisweb.nsf/page/73148FCEBF3669E780257B5C0052089D/$File/rep201
3.pdf
75
76
Ibid.
77 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0196:FIN:EN:PDF
Ibid.
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Joint Committee on Transport and Communications
The Strategy outlines several detailed actions which should be taken by the Commisson,
Industry and Member States to make the internet safer for children. Those which relate to
Member States and Industry are included in Section 9 on page 59, under their respective aims.
78
Box 1: Summary - European Commission actions to promote internet safety among children and young people 2013.
What has the Commission done up to now?
79
Launch a European strategy for a better internet for children to give children the digital skills and tools they need to fully and safely benefit from being online (see action 36)
Launch a benchmarking exercise of safer internet policies and action across Europe including an analysis of the current resources used for these activities and their breakdown between the Commission and Member States
Online safety in schools:
European Schoolnet (EUN) – co-ordinator of INSAFE network, co-funded by the Safer
Internet Programme, launched on Safer Internet Day 2012 the "eSafety label project" to provide Online safety support and accreditation for European schools. This is a multistakeholder project co-ordinated by EUN and involving a number of leading companies
(Kaspersky Labs, Liberty Global, Microsoft, Telefonica) and European Education Ministries and educational organisations in Austria, Belgium-Flanders, Estonia Italy, Spain and
Portugal). www.esafetylabel.eu
.
What will the Commission do?
In 2013:
Continue to support the Safer Internet Centres established in all Member States and that run hotlines, awareness centres and helplines (see action 36)
A new EURYDICE survey on the implementation of online safety in schools may be launched. A previous survey was carried out in 2009 to identify how national education systems approach online safety issues faced by children and what children learn about online safety in school.
78 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0196:FIN:EN:PDF
79 http://ec.europa.eu/digital-agenda/en/pillar-iii-trust-security/action-40-member-states-implement-harmfulcontent-alert-hotlines
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Joint Committee on Transport and Communications
7. Legislative position in other countries
7.1 Laws in the United States of America
There is no federal law in the USA which deals with bullying, however in some cases, bullying overlaps with ‗discriminatory harassment‘, e.g. when it is based on race, national origin, color, sex, etc. In such cases, federally-funded schools (including colleges and universities) have an obligation to resolve the harassment.
80
According to the Cyberbullying Research Centre in the USA:
“At last count, 44 states had laws regarding bullying, and 30 of those included some mention of electronic forms of harassment. Almost all of these laws simply direct school districts to have a bullying and harassment policy, though few delineate the actual content of such policies.”
As a recent example, in May 2010, the State of Massachusetts signed an anti-bullying bill after the suicide of a teenage girl who was cyberbullied. The bill provides a detailed and clear explanation of what cyberbullying means. For instance, cyberbullying includes creating a web page or blog to assume the identity of someone else, or posting messages purporting to be from someone else.
81
Hinduja and Patchin (2009) put together a cyberbullying fact sheet containing a brief review of relevant legal and policy issues in the USA. The factsheet also includes previous court cases:
82
―One of the major areas of contention…seems to be whether school districts can interfere in the behaviour or speech of students that occurs away from campus.
While this is murky legal water, some courts have upheld the actions of school administrators in disciplining students for off-campus actions. In J.S. v. Bethlehem Area School
District (2000) …the court made it clear that schools do have the authority to discipline students when speech articulated or behaviour committed off-campus results in a clear disruption of the school environment. Here, the school district was able to demonstrate disruption and a negative impact on the target of the incident.‖
80 http://www.stopbullying.gov/laws/federal/index.html
81
BHAT et. al. (2010). Addressing Cyberbullying as a Media Literacy Issue. New Horizons in Education, Vol.58,
No.3.
82 http://www.cyberbullying.us/cyberbullying_legal_issues.pdf
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Joint Committee on Transport and Communications
As noted by Bhat et al. (2010) there has been a change in how schools in the USA treat cyberbullying. Whereas previously schools focused on cyberbullying which occurred during the school day or using school technology, there is now a growing belief that schools need to deal with cyberbullying which happens outside of school time, as it is an issue which compromises the learning environment.
The Massachusetts legislation acknowledges this, while anti-bullying law in Ohio mandates that every school should have an anti-bullying policy which contains procedures for responding to, investigating, reporting, and documenting incidents of harassment.
83
7.2 Laws in New Zealand
New Zealand has recently (April 2013) proposed legislation which will make it an offence to send messages or material online which is grossly offensive, indecent, obscene, menacing or knowingly false. In addition the new legislation will create a new offence of incitement to commit suicide (whether or not suicide resulted or was attempted).
84
Offenders could be sent to jail for up to three months under the legislation, or face a $2,000 fine.
7.3 Laws in Australia
In Australia the Criminal Code Act 1995, makes it an offence to misuse telecommunication services to menace, threaten or hoax other persons.
85
In addition, anti-stalking laws have been used in cases of cyberbullying. An example is the
2010 prosecution for stalking in Victoria by a man who sent several threatening text messages to a person who then committed suicide. The perpetrator pleaded guilty to the charge and received an 18- month community-based order.
86
83
BHAT et. al. (2010). Addressing Cyberbullying as a Media Literacy Issue. New Horizons in Education, Vol.58,
No.3.
84
85 http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10876001
Butler, Desmond A., Kift, Sally M., Campbell, Marilyn A., Slee, Phillip, & Spears, Barbara (2011) School policy responses to cyberbullying : an Australian legal perspective. International Journal of Law and Education, 16(2), pp. 7-28. ( http://eprints.qut.edu.au/49320/2/49320.pdf
)
86
Ibid.
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7.4 Laws in Canada
In April 2013 Nova Scotia introduced legislation to create Canada's first cyberbullying investigative unit, following the death of a teenager who was being cyberbullied.
87
The proposed Cyber-Safety Act would allow the unit to issue prevention orders that would prevent someone from communicating online.
In addition the proposed legislation would allow victims of cyberbullying and their families to seek a court protection.
88
It also clarifies the authority schools have when dealing with cyberbullying in the classroom.
7.5 Laws in Asia
Microsoft‘s Trustworthy Computing Unit conducted a survey among twenty-five countries, which included seven Asia Pacific countries – Australia, China, India, Japan, Malaysia,
Pakistan and Singapore.
89
The study found that China, Singapore and India had the highest levels of cyberbullying, with 70%, 58% and 53% of respondents respectively reporting they were cyberbullied.
90
Anti-cyberbullying legislation is not widely used in Asian countries.
91
Singapore, debated the use of such legislation but opted for self-regulation instead.
92
Also, Singapore‘s existing laws may be applied to cyberbullying.
93
7.6 Anonymity & real name verification laws
At a committee meeting on the 7 th
of March 2013 Ms. Sinéad McSweeny, Director of Public
Policy Europe argued that anonymity is important because it gives: ―people who would not otherwise have a voice an opportunity to be part of discussions and debates…‖
87 http://www.cbc.ca/news/canada/nova-scotia/story/2013/04/25/ns-rehtaeh-cyberbullying-unit.html
88 http://atlantic.ctvnews.ca/nova-scotia-introduces-cyberbullying-legislation-1.1253827
89 http://security.networksasia.net/content/china-singapore-top-charts-cyberbullying-among-youths
90 http://security.networksasia.net/content/china-singapore-top-charts-cyberbullying-among-youths
91
BHAT et. al. (2010). Addressing Cyberbullying as a Media Literacy Issue. New Horizons in Education, Vol.58,
No.3.
92
93
Ibid. http://sbr.com.sg/information-technology/commentary/what-you-really-need-know-about-cyber-bullying-insingapore
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Joint Committee on Transport and Communications
However, at the same meeting Senator Fiach Mac Conghaíl expressed a view that:
―There is a moment at which anonymity becomes abusive, because one cannot engage on an ongoing basis on Twitter with somebody who is completely anonymous.‖
The dangers of allowing anonymous users to post comments has been a particular focus in criticisms of Ask.fm. The idea of requiring online users to register their names was suggested by some commentators. However, there are diverging views on retaining the anonymity of users of social media.
Real name verification laws require internet users to register under their true identity if they wish to post online, thus removing anonymity. The experience of two jurisdictions (the
People‘s Republic of China (PRC) and South Korea) which have attempted to impose real name verification laws is worth examining. The South Korean law was adopted in 2007 amid widespread concern that:
―…internet users were deluging websites with malicious and defamatory comments and false rumours; in a few cases such statements were blamed in the case of suicides of celebrities.‖ 94
The law required that websites with more than 100,000 visitors per day, including some newspaper sites, must record the real identities of visitors who posted comments. However in August 2012, an eight member panel of the South Korean Constitutional Court ruled unanimously that the law violated the right to free speech. The law was also found to discriminate against local websites, thus forcing Koreans to use overseas-based websites or social networking sites like Facebook or Twitter. In addition, the measures had been criticised by the United Nations special rapporteur on freedom of expression and ‗Reporters
Without Borders.‘ 95
In his submission to the Committee, TJ McIntyre of Digital Rights Ireland, referred to problems experienced by South Korea, when they introduced real name verification laws, but found that it made South Korea more vulnerable to privacy breaches and identity theft.
94
Choe, Sang-
Hun, ― South Korean Court Rejects Online Name Verification Law”
, New York Times, August 23,
2012. See also Cho, Daegon, Real Name Verification Law on the Internet: A Poison or Cure for Privacy?
( Proceedings of the Tenth Workshop on the Economics of Information Security (WEIS), June 2011)
95
A non-profit organisation which defends press freedom.
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Joint Committee on Transport and Communications
Freedom House (an independent watchdog organisation) in an article on PRC‘s response to social media and the internet, des cribe PRC‘s internet as beginning to resemble an intranet and quote a recent study which found that of 1,400 blog hosting and bulletin-board platforms, 13% of posts were deleted.
96
While sites like Twitter, Facebook, and YouTube are blocked in the PRC
97
there has been a proliferation of microblogs and microblogging
98 services like Sina Weibo (a chinese microblogging website) have grown rapidly, with more than 300 million users by early 2012.
99
It is by means of these blogs that many scandals and news items break. In December 2012 the PRC introduced a user verification law.
According to King et al. (2013)
100
the reason for restrictions on social media is to:
―…reduce the probability of collective action by clipping social ties whenever any collective movements ar e in evidence or expected.‖
96 http://www.freedomhouse.org/report/freedom-net/2012/china
97
Ibid.
98
Microblogging is a combination of blogging and instant messaging, examples include Twitter and Tumblr.
99 http://www.freedomhouse.org/report/freedom-net/2012/china
100
King, G., Pan, J., Roberts, M.E. (2013). How Censorship in China Allows Government Criticism but Silences
Collective Expression. American Political Science Review.
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Joint Committee on Transport and Communications
8. Possible actions and initiatives
This section takes recommendations and comments made during the Committee‘s meetings, and those arising from submissions made to the Committee, and presents them in the form of actions and initiatives which may be considered.
8.1 Educating children, teachers and parents
Several stakeholders raised the importance of educating young people on how to behave appropriately online. Mr. Paul C. Dwyer of the National Anti-Bullying Coalition at a
Committee meeting on 13 th
March 2013 said:
―We should learn from road safety, and the three Es – education, enforcement and engineering.‖
This education would also need to be provided to parents of young people. The European
Commission has drafted a strategy on the topic of a better Internet for Children, which proposes actions to be undertaken by the Commission, member states and industry. One aim of the strategy is to give parents and children the technical skills necessary to ensure the online protection of children. Likewise the Council of Europe paper Young people, wellbeing and risk online urges:
―…the design of educational and awareness raising initiatives which develop children and young peoples‘ understanding of their human rights…‖
Whole school approach
The EU Kids Online survey (2011) found that Irish parents were active in mediating their children‘s internet safety (91%). This compares to an EU average of 87%.
101
However, research by Hotline.ie
102
found that only 37% of Irish parents installed basic security measures, such as software that blocks access to inappropriate websites. This is despite a finding in the same survey that 67% of parents in Ireland are worried about what their children may come across online.
101 http://www2.lse.ac.uk/media@lse/research/EUKidsOnline/EU%20Kids%20II%20(2009-
11)/National%20reports/IrishReportSummary.pdf
102 http://www.hotline.ie/library/pr13032012parents.pdf
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COST (an intergovernmental framework for European Cooperation in Science and
Technology)
103
conducted a review of 54 national guidelines for preventing cyber bullying, in
Europe, Israel and Australia. The review concluded that it is essential for schools to take a whole-school approach to the issue of cyberbullying and focus on improving the self-help skills of students. In addition, the report concludes, teachers should be helped to improve their understanding of group dynamics and conflict management skills as part of their professional development training. The report also concludes that parents should become more knowledgeable about the internet and establish regular communication with their children about online behaviour.
Spunout.ie also recommend a whole-community approach should be taken to tackle cyber bullying along with an education programme teaching young people how to behave respectfully online and protect themselves from bullying and other abuses. They also recommend that scho ols develop a new anonymous reporting tool called ‗Bullytag‘ as is already used in Canada. BullyTag™ is a free to use smart phone application which enables users to anonymously report bullying.
104
The application categorizes incident reports and notifies th e appropriate authorities through the BullyTag™ Dashboard. As well as victims of bullying, the application encourages those who witness bullying to come forward. BullyTag™ states:
―In most bullying incidents, bystanders usually do nothing. If the bully faces no obstruction from the people around, it gives permission to continue behaving badly.
Incidents of bullying go largely unreported because those who can make a difference feel they risk becoming the next victim.‖
BullyTag ™ was designed and developed by Timeless Technologies, a software engineering firm. It allows the user to take a photo or video/audio recording of a bullying incident. It is currently available on iphone and Android, while there are plans to make it available on
Windows Phone and Blackberry.
105
Digital skills
Google also proposes that:
―…the Government has a role to make sure parents, teachers and students acquire the digital skills they need to keep themselves safe online.‖
103 http://www.cost.eu/about_cost
104 http://www.bullytag.com/
105
Ibid.
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Joint Committee on Transport and Communications
Furthermore, Google believe that a digital literacy curriculum in schools would improve children‘s safety. Google has said it would be happy to work with the Department of
Education and Skills on such an initiative. Presently, Google have teamed up with iKeepSafe, an online safety organisation to provide a Digital Literacy Tour which describes itself as
―…interactive, discussion filled and allows students to learn through hands-on and scenario activities…‖ 106
Webwise.ie (an Irish internet safety awareness raising centre) is a resource for parents and teachers to get up to speed on social media. The site includes articles on Ask.fm, Twitter and Facebook among others, alerting parents and teachers to the risks of these platforms, as well as how to protect children against cyber bullying. Of com‘s ‗Parent Port‘ in the UK is designed to makes it easier for parents to complain about internet material by directing parents to the right regulator for their specific area of concern.
107
The Garda Síochána Primary Schools Programme module ‗Connect with Respect‘ aims to encourage bystanders to intervene when they see cases of cyber bullying. In 2008, a guide to cyberbullying called Get with IT! W as produced under a joint initiative between the Office for Internet Safety, the National Centre for Technology in Education, O2 and Barnardos.The aim of the guidelines is to increase awareness of cyberbullying and help identify, prevent, and respond to it.
108
8.2 Schools programmes/actions
The Children‘s Ombudsman undertook a consultation into bullying in Irish schools, which consulted with over 300 children and young people from the ages of 10 to 17.
109
The findings were published in 2012 under the title: Dealing with Bullying in Schools . At the launch of the report, the Ombudsman for Children, Emily Logan said:
110
―It is clear from this consultation that children and young people share the concerns of adults about bullying. They told us that they wanted to feel they could make a
106 http://www.google.ie/edu/resources/digital-literacy.html#
107 http://consumers.ofcom.org.uk/2013/05/find-out-more-about-parentport/
108 http://www.justice.ie/en/JELR/Pages/Minister%20Ahern%20launches%20GET%20with%20IT!%20A%20guide%2
0to%20cyberbullying
109
110 http://www.oco.ie/whats-new/media/press-releases/childrens-ombudsman-launches-bullying-report.html
http://www.oco.ie/whats-new/media/press-releases/childrens-ombudsman-launches-bullying-report.html
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Joint Committee on Transport and Communications significant contribution to dealing effectively with bullying in schools…The children and young people placed particular emphasis on preventive work especially on initiatives dedicated to raising awareness of bullying as well as programmes focused on tackling the discriminatory attitudes that can give rise to bullying."
The report recommended that a more open culture be created in schools, whereby students would feel that they can talk about and report bullying to a teacher without being accused of informing on fellow-pupils.
111
In relation to cyber bullying the report‘s recommendations are:
explaining what cyber-bullying is and what forms it can take;
encouraging children and young people to take responsibility for their words and actions online and sensitising children and young people to the impact that their words and actions online can have;
supporting children and young people to fully appreciate the damaging and sometimes devastating consequences of cyber-bullying on victims;
highlighting to children and young people that there can also be adverse consequences for those who engage in cyber-bullying, including the existence of a permanent record of their actions, which they may regret in the future when they are no longer involved in this kind of behaviour;
advising children and young people about what they should do if they experience or come across cyber-bullying – for example, save the comments/emails; speak to a parent, teacher or another trusted adult about it; and report it immediately to the service provider.
In January 2013 the Minister for Education and Skills, Ruairí Quinn T.D. and the Minister for
Children and Youth Affairs, Frances Fitzgerald T.D. launched a new Action Plan on
Bullying.
112
The new action plan sets out twelve actions to help prevent and tackle bullying in primary and second level schools.
Among the twelve actions recommended by the working group are proposals to:
113
Support a media campaign focused on cyber bullying specifically targeted at young people as part of Safer Internet Day 2013;
111
Ibid.
112 http://www.education.ie/en/Press-Events/Press-Releases/2013-Press-Releases/PR-%202013-01-29.html
113
Ibid.
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Joint Committee on Transport and Communications
Establish a new national anti-bullying website;
Begin development immediately of new national anti-bullying procedures for all schools. These will include an anti-bullying policy template and a template for recording incidents of bullying in schools. These should be in place by the start of the
next school year;
Devise a co-ordinated plan of training for parents and for school boards of management;
Provide Department of Education and Skills support for the Stand Up! Awareness
Week Against Homophobic Bullying organised by BeLonG To Youth Services;
Review current Teacher Education Support Service provision to identify what training and Continuous Professional Development teachers may need to help them effectively tackle bullying;
In addition to the above recommendations, Minister Quinn announced that the Department of Education & Skills will be supporting a revision of the Stay Safe Programme for primary schools. The Stay Safe Programme is a personal safety skills programme designed for use with primary school children from Junior Infants through to 6th class.
114
The programme teaches children to recognise and resist abuse/victimisation and teaches them that they should always tell an adult who can help. The Minister announced that the revised programme would address new forms of risk, such as cyber bullying.
8.3 More open communication between schools, hotlines and social media companies
On 7 th
March 2013 the Committee was informed that the Safer Internet Centre in the United
Kingdom takes calls from schools where they are told what all of the individual platforms have available in terms of advice and reporting.
At the same meeting Deputy Patrick O‘Donovan cited an article in the Irish Examiner quoting a spokesperson from the National Association of Principals and Deputy Principals who stated that social networks ought to have a dedicated liaison officer whose job it is to take calls from schools and parents and act promptly in deleting offensive posts.
114 http://www.staysafe.ie/
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8.4 Public Awareness Campaigns
The Watch your Space public awareness campaign on cyber-bullying was launched by
Minister for Education and Skills, Ruairí Quinn, T.D. in February 2013.
Watch Your Space is a website for young people to show their support for victims of cyberbullying.
The site, which is run by Webwise.ie offers advice and information to young people about cyber bullying.
115
The Union of Students in Ireland (USI) has recentl y launched the ‗Think Before You Type‘ campaign in partnership with NUS-USI, the National Youth Council of Ireland, Headstrong,
SpunOut.ie, Headsup.ie and Reachout.com. The coalition of youth organisations argue that cyberbullying needs to be addressed at a national level.
116
The USI launched the USI Guide to Cyberbullying which includes advice on how to deal with cyberbullying and information on available support services.
8.5 Provide more resources to the Data Protection Commissioner and the
Computer Crime Investigation Unit
DRI stress that because Google, Facebook and LinkedIn are based in Ireland, the Data
Protection Commissioner has one of the biggest workloads of any regulator in Europe.
However, the group maintain that there is a lack of funding for the Data Protection
Commissioner and recommend that adequate funding be provided.
It should be noted that the Data Protection Commissioner‘s budget was increased by 20% in the budget for the Office in 2013, along with additional staffing resources.
117
8.6 Accessibility of the court system
Anyone who believes that their rights are being infringed can seek an injunction in the civil courts, though certain legal tests must be met before such an order will be granted. It should
115 http://watchyourspace.ie/AboutUs.shtm
116 http://usi.ie/2013/03/usi-launches-cyberbullying-awareness-campaign-think-before-you-type/
117 http://www.merrionstreet.ie/index.php/2013/03/minister-shatter-stresses-government-support-for-the-office-ofthe-data-protection-commissioner/
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Joint Committee on Transport and Communications be noted, however, that injunctions are generally sought in the High Court and can, therefore, be costly.
The potentially prohibitive cost of taking legal action is something which arose during the
Committee‘s hearings. At a meeting on 7 th March 2013 Deputy Patrick O‘Donovan said:
―Regardless of whether something nasty is said about someone in a broadsheet newspaper, on radio or on a social medium, the biggest problem is that the courts in this country are the preserve of the rich.‖
In 2006 The Competition Authority published a report on Competition in the Legal
Profession. The report made 29 recommendations aimed at maximising competition for consumers of legal services.
118
The Chairperson of the Authority Ms Isolde Goggin, said the report found:
―…that competition in legal services was severely hampered by many unnecessary restrictions on the commercial freedom of buyers and sellers permeating the legal profession.‖ 119
In an attempt to reduce the cost of legal proceedings to consumers the Legal Services
Regulation Bill 2011 was published on 12 October 2011, and forms part of the State‘s commitment under the EU/IMF Agreement to review costs in the legal professions. The Bill provides for the establishment of an Office of the Legal Costs Adjudicator to replace the
Office of the Taxing Master and contains a number of provisions designed to reduce legal costs. As of 10 th
June 2013 the Bill has not yet passed all stages.
Replying to a parliamentary question on 1 st
May 2013, Minister Alan Shatter, T.D. stated that:
―Under the Bill it will no longer be permissible to set fees as a specified percentage or proportion of damages payable to a client from contentious business. It will no longer be permissible to charge Junior Counsel fees as a specified percentage or proportion of Senior Counsel fees. Legal practitioners will be obliged to provide more detailed information about legal costs from the outset of their dealings with clients.‖ 120
While this legislation seeks to reduce the costs of pursuing legal action it, it is possible that the costs of court proceedings will remain prohibitive for some people.
118 http://www.tca.ie/images/uploaded/documents/0321%20Opening%20Statement%20JOC_Isolde%20Goggin.p
df
119
120
Ibid.
Parliamentary Question no.18628/13.
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8.7 Provide training and guidance to Gardaí and the DPP
Nasc recommend training for the Gardaí and the DPP on how to investigate and prosecute online racial crimes. Spunout.ie recommends that the Gardaí are given clear guidance on how to deal with cases of bullying and cyberbullying. Speaking to the Committee on 20 th
March 2013, Ms. Sue Duke, of Google, said there could be an improvement in the education of law enforcement agencies on the tools which are available to them to investigate online crime.
Recommendation 7
The Committee recommends continuous professional development for public officials working in criminal justice so that they are given clear guidance on how to deal with cases of bullying and cyberbullying.
8.8 Ratification of the Council of Europe Convention on Cybercrime
Several stakeholders recommended that Ireland ratify the Council of Europe Convention on
Cybercrime . Digital Rights Ireland said that this would help to facilitate dedicated points of contact between national police forces.
8.9 Provide more support for peer-to-peer learning projects
The importance of peer-to-peer learning projects, whereby children design their own safety campaigns, was raised by Google during its presentation to the Committee on 20 th
March
2013. Google gave the example of the Beat Bullying charity in the UK, with a cybermentoring scheme in which young people mentor their peers. Google stated that they would be happy to work with the Government in taking a lead on projects such as this. At this
Committee meeting Ms. Sabine Frank, of Google, said that:
―Our experience is that teenagers take it much more seriously if people of the same age educate them and it is much easier for them to turn to them if they have a question or problem.‖
Recommendation 8
The Committee recommends that more emphasis be placed on educating parents, teachers and children on how to safely use social media. For children, this might incorporate peer-topeer learning whereby children mentor their peers. It is the Committee‘s view that advice and technical support should come from the industry. The SPHE curriculum may also be revised to incorporate this.
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Joint Committee on Transport and Communications
9.
European Commission Strategy for a Better Internet for Children
(2012)
1) Promoting positive online experiences for young children.
Industry should:
develop and offer targeted, interactive quality content for children, as well as user friendly tools that encourage their creativity and help them learn.
support financially and/or technically initiatives in this field coming from children themselves, schools or NGOs.
Member States should:
match the Commission‘s support for and actively promote initiatives aimed at creating high-quality content online for children.
coordinate between themselves in this field, with the support of the Commission, and implement standards for quality content online for children.
2) Digital and media literacy and teaching online safety in schools.
Member States should:
step up the implementation of strategies to include teaching online safety in school curricula by 2013.
reinforce informal education about online safety and provide for ‗online safety‘ policies in schools and adequate teacher training.
support public-private partnerships to reach the above goals.
Industry should:
engage in private-public partnerships to support the development of interactive tools and platforms providing educational and awareness materials for teachers and children, building on existing initiatives.
3) Scaling up awareness activities and youth participation.
Member States should:
match the Commission‘s support for public awareness raising campaigns at national level.
involve children when developing national campaigns and/or legislation with an impact on their online activities.
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Joint Committee on Transport and Communications
match the Commission‘s support for the national Youth Panels.
Industry should support the scaling up of awareness activities by:
providing funding and technical support to NGOs and education providers for the development of resources
disseminating awareness material to their customers either at the point of sale or through their online channels.
4) Simple and robust reporting tools for users.
Industry should:
establish and deploy EU-wide, in cooperation with relevant national actors, a mechanism allowing children using their services to report harmful content and conduct. This should be visible, easy to find, recognisable, accessible to all and available at any stage of the online experience where a child may need it. It should have clear and commonly understood reporting categories and a clear back-office infrastructure ensuring a fast and appropriate follow-up. Reports handling should be done in line with the legislation in force on data protection.
Member States should:
provide the necessary support for setting up and deploying the reporting mechanisms, especially where cooperation with partners such as helplines and law enforcement bodies is necessary.
monitor their effective functioning at national level.
render the 116000 hotlines operational.
5) Age-appropriate privacy settings.
Industry is expected to implement transparent default age-appropriate privacy settings, with clear information and warnings to minors of the potential consequences of any changes they make in their default privacy settings and contextual information on the privacy level of every piece of information required or suggested to set up an online profile.
implement technical means for electronic identification and authentication.
Member States should:
ensure the implementation of EU legislation in this field at national level.
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encourage the adoption of self-regulatory measures by industry and follow their implementation at national level.
support awareness raising activities at national level.
6) Wider availability and use of parental controls.
Industry should:
ensure the availability of parental controls that are simple to configure, are user friendly and accessible for all on all internet-enabled devices available in Europe. The tools should be efficient on any type of device and for any type of content, including user-generated content. They should comply with best practices to ensure accountability and transparency. The tools should be promoted so as to ensure the widest possible awareness of their existence and take-up.
Member States are invited to:
support industry‘s efforts in this field and to follow up their implementation on
devices sold on their territory.
perform tests and certification cycles for parental control tools.
promote their availability.
7) Wider use of age rating and content classification.
Industry should:
establish an EU approach to age rating and content classification applicable across
services as described above, building on the success of existing initiatives such as
PEGI.
look into how these systems could be made interpretable by parental controls.
Member States are invited to
cooperate in line with their own regulations in the field and encourage relevant stakeholders at national level to contribute to the definition and implementation of
EU age-rating and content classification systems.
support the complaints process necessary for the proper functioning of such systems.
8) Online advertising and overspending.
Industry shall observe the legislation in force, particularly as regards online profiling and
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Joint Committee on Transport and Communications behavioural advertising. It should
provide transparent, clear and age-appropriate information about the costs of services that can be acquired online and avoid default settings that would easily allow children to access premium services for which additional payment is necessary.
avoid addressing children directly and encouraging them to buy virtual goods or credits with their mobile phone or other means that do not require prior parental control. Contextual early warnings about additional costs should be envisaged to empower children and parents.
build on self-regulatory standards such as those defined by the European Advertising
Standards Alliance for behavioural advertising and proactively implement measures to avoid the exposure of children to inappropriate advertising in any form of online media.
adopt measures to prevent children from accessing on-line gambling sites.
Member States are invited to
ensure that legislation in this field is observed by companies active at national level.
support industry in developing codes of conduct regarding inappropriate advertising online and to monitor their implementation at national level.
9) Faster and systematic identification of child sexual abuse material disseminated through various online channels, notification and takedown of this material.
Member States should
increase the resources of law enforcement bodies that fight against child abuse material online.
ensure, in line with the Directive on combating child sexual abuse that effective investigative tools are available to enhance the investigator's capacities to identify child victims, guaranteeing that effective safeguards are in place to ensure democratic accountability in the use of such tools.
match the support for the functioning and visibility of hotlines at national level where the public can report illegal content found online.
support the improvement of cooperation between hotlines and industry for taking down child abuse material.
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Industry
will be encouraged to take steps, including proactive measures, to remove child sex abuse material from the internet should reinforce cooperation with law enforcement bodies and hotlines to refine notice and takedown procedures and to establish benchmarks.
will be encouraged to develop and use tools to increase the effectiveness of the identification of child sex abuse images, notice and takedown procedures, and the prevention of re-uploading.
10) Cooperating with international partners to fight against child sexual abuse and child sexual exploitation.
Member States are invited to
support the Commission in its efforts to boost cooperation with international partners
Industry is invited to
exchange best practice in this field and cooperate with partners all over the world.
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10. Hyperlinks to the Transcripts of Committee Meetings
Meeting held on Wednesday 6 March 2013: Presentations by Pat Rabbitte T.D.,
Minister for Communications, Energy and Natural Resources and the Office for
Internet Security
Meeting held on Thursday 7 March 2013: Presentations by Twitter and Facebook
Meeting held on Wednesday 13 March 2013: Presentation by the National Anti-
Bullying Coalition.
Meeting held on Wednesday 20 March 2013: Presentations by Google and Digital
Rights Ireland
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11. List of those who made a submission
Mary Aiken - Royal College of Surgeons in Ireland
Walter Campbell
Annette Cosgrove – Galway Mayo Institute of Technology
Fergal Crehan B.L. - Digital Rights Ireland
David Crowley – Science Foundation of Ireland
Clare Daly T.D.
Sue Duke - Head of Public Policy, Google
Professor Mark Durkin - Ulster Business School
Paul C. Dwyer - National Anti-Bullying Coalition
Sabine Frank - Media Literacy Policy Counsel, Google
Ensuring Safety On-Line (ESOL)
Brian Fallon - The Journal.ie
Seán Fallon - National Anti-Bullying Coalition
Tom Felle – Head of Journalism, University of Limerick
Joe Fernandes
Sean Flanagan – Co. Tipperary
Joanna Fortune – Solamh Parent Child Relationship Clinic
Richard Humphreys S.C.
David King
Brian and Jemma Langan – Westport, Co. Mayo
Colin Larkin - National Anti-Bullying Coalition
Katharine Larkin - New Ground Ltd
Dr Kay MacKeogh - Dublin City University (retired)
Denise McCarthy – Union of Students in Ireland
Paul McCusker - Letterkenny Institute of Technology
Simon McGarr - Digital Rights Ireland
T.J. McIntyre – Digital Rights Ireland
Dr Ciarán McMahon – Psychbook and Candidate.ie
Sinead McSweeney - Director of Public Policy for Europe, Twitter
Simon Milner - Policy Director for the UK & Ireland, Facebook
Canon Stephen Neill – Cloughjordan, Co. Tipperary
Colm Noctor - St Patrick‘s University Hospital, Dublin 8
Ger O‘Brien – Web Developer, Drupal Projects
Mark O‘Hagan - Stream Solutions
Brian O‘Neill - Dublin Institute of Technology
Aileen O‘Toole
Ian Power – SpunOut.ie
Simon Prim – NASC, Irish Immigrant Support Group
Claire Regan
Mary Sheridan – Principal, St Bricin‘s College, Co. Monaghan
The Life Institute
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Joint Committee on Transport and Communications
12. Terms of Reference of the Committee
a. Functions of the Committee – derived from Standing Orders [DSO 82A; SSO 70A]
(1) The Select Committee shall consider and report to the Dáil on —
(a) such aspects of the expenditure, administration and policy of the relevant Government Department or Departments and associated public bodies as the Committee may select, and
(b) European Union matters within the remit of the relevant Department or
Departments.
(2) The Select Committee may be joined with a Select Committee appointed by
Seanad Éireann to form a Joint Committee for the purposes of the functions set out below, other than at paragraph (3), and to report thereon to both Houses of the Oireachtas.
(3) Without prejudice to the generality of paragraph (1), the Select Committee shall consider, in respect of the relevant Department or Departments, such —
(a) Bills,
(b) proposals contained in any motion, including any motion within the meaning of Standing Order 164,
(c) Estimates for Public Services, and
(d) other matters as shall be referred to the Select Committee by the Dáil, and
(e) Annual Output Statements, and
(f) such Value for Money and Policy Reviews as the Select Committee may select.
(4) The Joint Committee may consider the following matters in respect of the relevant Department or Departments and associated public bodies, and report thereon to both Houses of the Oireachtas:
(a) matters of policy for which the Minister is officially responsible,
(b) public affairs administered by the Department,
(c) policy issues arising from Value for Money and Policy Reviews conducted or commissioned by the Department,
(d) Government policy in respect of bodies under the aegis of the
Department,
(e) policy issues concerning bodies which are partly or wholly funded by the
State or which are established or appointed by a member of the
Government or the Oireachtas,
(f) the general scheme or draft heads of any Bill published by the Minister,
(g) statutory instruments, including those laid or laid in draft before either
House or both Houses and those made under the European
Communities Acts 1972 to 2009,
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Joint Committee on Transport and Communications
(h) strategy statements laid before either or both Houses of the Oireachtas pursuant to the Public Service Management Act 1997,
(i) annual reports or annual reports and accounts, required by law, and laid before either or both Houses of the Oireachtas, of the Department or bodies referred to in paragraph (4)(d) and (e) and the overall operational results, statements of strategy and corporate plans of such bodies, and
(j) such other matters as may be referred to it by the Dáil and/or Seanad from time to time.
(5) Without prejudice to the generality of paragraph (1), the Joint Committee shall consider, in respect of the relevant Department or Departments —
(a) EU draft legislative acts standing referred to the Select Committee under
Standing Order 105, including the compliance of such acts with the principle of subsidiarity,
(b) other proposals for EU legislation and related policy issues, including programmes and guidelines prepared by the European Commission as a basis of possible legislative action,
(c) non-legislative documents published by any EU institution in relation to
EU policy matters, and
(d) matters listed for consideration on the agenda for meetings of the relevant EU Council of Ministers and the outcome of such meetings.
(6) A sub-Committee stands established in respect of each Department within the remit of the Select Committee to consider the matters outlined in paragraph (3), and the following arrangements apply to such sub-Committees:
(a) the matters outlined in paragraph (3) which require referral to the Select
Committee by the Dáil may be referred directly to such sub-Committees, and
(b) each such sub-Committee has the powers defined in Standing Order 83(1) and (2) and may report directly to the Dáil, including by way of Message under Standing Order 87.
(7) The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be the Chairman of the Select Committee and of any sub-Committee or Committees standing established in respect of the Select Committee.
(8) The following may attend meetings of the Select or Joint Committee, for the purposes of the functions set out in paragraph (5) and may take part in proceedings without having a right to vote or to move motions and amendments:
(a) Members of the European Parliament elected from constituencies in
Ireland, including Northern Ireland,
(b) Members of the Irish delegation to the Parliamentary Assembly of the
Council of Europe, and
(c) at the invitation of the Committee, other Members of the European
Parliament.
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Joint Committee on Transport and Communications b. Scope and Context of Activities of Committees (as derived from Standing
Orders [DSO 82; SSO 70]
(1) The Joint Committee may only consider such matters, engage in such activities, exercise such powers and discharge such functions as are specifically authorised under its orders of reference and under Standing Orders.
(2) Such matters, activities, powers and functions shall be relevant to, and shall arise only in the context of, the preparation of a report to the Dáil and/or Seanad.
(3) It shall be an instruction to all Select Committees to which Bills are referred that they shall ensure that not more than two Select Committees shall meet to consider a Bill on any given day, unless the Dáil, after due notice given by the Chairman of the
Select Committee, waives this instruction on motion made by the Taoiseach pursuant to Dáil Standing Order 26. The Chairmen of Select Committees shall have responsibility for compliance with this instruction.
(4) The Joint Committee shall not consider any matter which is being considered, or of which notice has been given of a proposal to consider, by the Committee of Public
Accounts pursuant to Dáil Standing Order 163 and/or the Comptroller and Auditor
General (Amendment) Act 1993.
(5) The Joint Committee shall refrain from inquiring into in public session or publishing confidential information regarding any matter if so requested, for stated reasons given in writing, by —
(a) a member of the Government or a Minister of State, or
(b) the principal office-holder of a body under the aegis of a Department or which is partly or wholly funded by the State or established or appointed by a member of the Government or by the Oireachtas:
Provided that the Chairman may appeal any such request made to the Ceann
Comhairle / Cathaoirleach whose decision shall be final.
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