Q&A: How will legislation around sharing intimate images work?

What is the legislation?

In short, it is an Act criminalising the sharing of intimate images without the subjects’ consent.

The Harassment, Harmful Communications and Related Offences Act, 2020 – dubbed Coco’s Law – targets so-called revenge porn, where people distribute intimate photos of others online, or in person, to embarrass or harass their victims. However, there are many layers to this.

What does the law mean?

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It means there are two new offences relating to the sharing of intimate images without consent. The first makes it a crime to take, distribute, publish, or threaten to distribute intimate images without the subjects’ consent and with the intent to cause harm. This offence carries up to seven years jail time and an unlimited fine as a maximum penalty.

The second, less serious offence, involves doing the same but with no intent to cause harm. This is punishable by a maximum penalty of 12 months in prison, and a €5,000 fine.

The Act also states that if you are reckless as to whether harm could be caused to your intended victim, the maximum penalties remain the same.

If the offender was in an intimate relationship with the victim at the time then this could be considered an aggravating factor for the purposes of sentencing, the law states.

Is there a distinction between the act of sharing an image you received in the first instance, or sharing one that is sent to you?

No, there is not. Both acts are deemed as offences and can carry the sentences listed above.

What if I consented to the image being taken in the first place or took it myself?

If the person initially consented to the image being taken but the image is then subsequently published or distributed anywhere, online or in person (printed out etc), then the law still comes into place, and the perpetrator can still be convicted under Section 2 of the Act.

What if it has not been published, but I have been threatened that it could be?

If someone has contacted you to say they have intimate images of you, and they are going to publish them, but have not done so yet, or even if they say that for a fee they will keep the images to themselves, they are still breaking the law in threatening to do so and can be convicted under Coco’s Law.

What do I do if I am contacted by somebody who has intimate imagery of me and asked for money in exchange for not publishing or distributing them?

Contact your local Garda station immediately as this falls under section 2 of the Act. Do not send them money under any circumstance.

Someone sent me an intimate image of somebody else that I did not ask for and the image is now on my device – have I committed an offence?

No, you would not have committed an offence. Contact your local Garda station for advice relating to this as the person who sent you the image may have committed an offence.

If I discuss an intimate image that I received from somebody with an acquaintance, and they ask for it to be sent to them, am I breaking the law?

No, as long as the image was sent to you with consent and you do not forward it, you are not committing an offence.

What if I am, or the person who shared/is threatening to share my images, is a minor?

If you are 18 or over and have received, distributed or shared an image of somebody aged 17 or under, you are in possession of child pornography which is illegal and the Child Trafficking and Pornography Act 1998 will apply.

If the person threatening to share your image is a minor, and you are not, the law still applies in the same way but the minor will be dealt with through their local Juvenile Liaison Officer or the Garda Youth Diversion programme once the incident is reported to Gardaí. Other legislation may come into play here relating to sending inappropriate images to minors.

If the offending is goes through the Garda Youth Diversion programme, they would need to comply with certain conditions to be eligible (such as taking responsibility for their actions). Otherwise the matter will go to court.

Coco’s Law applies to both minors and adults.

Why is it called Coco’s Law?

Nicole Fox Fenlon, nicknamed Coco, died by suicide at 21-years-old following years of online bullying. After her death, her mother, Jackie, began campaigning against bullying and harassment online, which resulted in the enactment of the Bill.

*This article was updated on May 24th*

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