The Law and the Internet

We hear many arguments in the media about the need to increase legislation concerning online bullying. I believe that we have amble laws to deal with internet usage, that is deemed to be illegal and that we must remember that an offensive email or blog post may not be illegal, unless a specified person receives a threat to their safety or their life. It is important to remember that the laws of libel and defamation also apply to online publications, as they do to all forms of communication. The legal definition of a Cyber Bully is:

"A cyber bully is defined as a person who uses repeated inappropriate behaviour, strength or influence, whether directly or indirectly, verbal, physical or otherwise to intimidate, torment, threaten, harass or embarrass others. The inappropriate behaviour, strength or influence, is applied typically to coerce or force others to do something or react in a certain fashion, using internet or other technology, such as mobile telephones."

It is important for children, parents and schools to understand that there are remedies and causes of action to deal with cyber bullying. These include a Takedown Notice, where it is deemed that the social media owner is in breach of their usage policy. The Data Protection Act 1998 as amended by the 2003 Data Protection Act brought Ireland into compliance with the EU Data Protection Directive 95/46/EC. This legislation covers data used by all types of electronic devices. An Interlocutory Court Injunction can be sought to prohibit personal information being put online, or if it is already published online, a further directive can order it to be removed. The two laws used to protect people online are the Justice Act of 1997 and the Offenses Against the Person Act 1861. 

If a child is being Cyber bullied they should hopefully realise that they must take immediate action to stop this abuse. The first step is to tell their teacher, parent or guardian. A 2011 EU Kids Online Survey confirmed that the majority of children that suffer online harassment rarely tell their parents. The signs include, inter alia, the following, they are being moody, constantly tired and they develop bad sleep patterns. It is important to keep a record of online abuse and a screen shot of offending material, as this constitutes proof of the harassment. This should then be presented to the Garda Síochana, who will then evaluate whether further action is warranted and prosecution may be taken against those responsible. A Civil Action may be the more appropriate way to resolve some forms of harassment and this is best done by legal professionals specialising in this field.

It is important that parents be part of their children's online life. Although, children need some independence and privacy regarding their online lives, we must be vigilant against online grooming and trolls. Paedophiles are constantly sifting through Social Networking sites looking for vulnerable victims. It is essential that children know to report any offensive material to their parents, guardians or those in a position of trust or authority.

General Data Protection Regulation(GDPR)
I send out 3 emails to schools during the academic year. I do not use schools to conduct research. Please reply OPTOUT, if you do not want any further contact from me. I send out 3 emails to schools during the academic year. I only did a few Internet Safety presentations last year, due to the tragic death of my brother.
I do not use the children to conduct research using questionnaires. This is best done by Irish, or European Universities, using a large data sample. A good example of this is the EU Kids Online Survey which was carried out by the London School of Economics and Politics, using 25 European countries, including Ireland. After an Internet Safety visit, I ask schools that I have visited for permission to allow other schools to contact them for a confidential appraisal of my work, if they are intending to book my services.

Each presentation lasts for approximately one hour (primary schools), followed by a question and answer session. I can modify these presentations to last 40 minutes to fit the timetables of post primary classes. The main points for discussion are:

The main points discussed during presentations are: 

  • Educating children to be aware of online racism, homophobia, grooming and indoctrination, while being exposed to content on social media.
  • Use of research conducted by universities at home and abroad to give an accurate insight into children's online usage.
  • Social Networking and Gaming Sites, including Fortnite,Twitch, Sarahah, SnapChat, TikTok, Instagram, Roblox and the latest trends in this area.
  • How to monitor home computers, laptops, tablets, mobile phones, using an array of software, such as Mobicip, Net Nanny, Quostodian and Mobiflock (Mobile Guardian).
  • Digital Age of Consent in Ireland. Is it relevant without age verification?
  • The law and the Internet (Online Harassment and Cyber Bullying).
  • Legal steps that can be taken to deal with Online Harassment and Cyber Stalking. Should social networking sites be treated as publishers?


I would like to thank Seanai Kiely (Barrister at Law LL.B (Ling.Germ), Trinity College Dublin,  for his legal advice, regarding the content of this page.