Developments in the Law Governing Online Activity: The Criminalisation of Catfishing and Civil Relief in Cases of Image-Based Sexual Abuse

Abstract

This article considers the practice of catfishing and makes the case for it becoming a criminal offence. It draws on the Non-Fatal Offences against the Person (Amendment) Bill 2024 which proposed the creation of such an offence. Although the Bill collapsed upon the 2024 general election being called, the article urges that the Bill or at least the issue that the Bill seeks to address, namely catfishing, be reconsidered in the new Oireachtas. The article argues that a legislative response to this issue is necessary considering the extensive harm that catfishing can cause and the multiple individuals that it affects. It is further argued that catfishing ought to be a standalone offence notwithstanding assertions that the practice is punishable under pre-existing offences like harassment. The article proceeds to discuss some recent developments in the law governing online activity that the aforementioned Bill will join provided it becomes law. In particular, the developments discussed here raise the prospect that there are now civil as well as criminal law remedies in cases of image-based sexual abuse