What is illegal content?
Illegal content is any media content that is against the law in Ireland or within the EU. It is generally accepted that seeing such content could have a negative effect on the public, and especially children.
The Online Safety Framework (OSF) aims to ensure that online platform service providers have safety measures in place so that the public (and especially children and young people) don’t see this type of content.
Examples of illegal content online could include:
- Threats (credible death threats)
- Harassment (unwanted messages)
- Sexual communications/sexting (sharing intimate images of others without their permission)
- Encouraging someone to attempt suicide
The table below outlines the laws in Ireland. Please note this list is not exhaustive, and this list should not be considered legal advice.
| If the content is: | It may be illegal under: |
|---|---|
| A credible threat of violence | Section 5 of the Non-Fatal Offences Against the Person Act, 1997 |
| Part of a campaign of harassment (such as cyberbullying) | Section 10 of Non-Fatal Offences Against the Person Act, 1997 |
| A threatening or grossly offensive communication | Section 4 of the Harassment, Harmful Communications and Related Offences Act 2020 |
| Threatening, abusive or insulting and likely to stir up hatred against a group of people on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation | Section 2 of the Prohibition of Incitement to Hatred Act, 1989 |
| An unsolicited image of someone’s genitals that causes distress, fear or alarm | Section 45 (1) of the Criminal Law (Sexual Offences) Act 2017 |
| Offensive conduct of a sexual nature | Section 45 (3) of the Criminal Law (Sexual Offences) Act 2017 |
| An intimate image shared without consent | Section 3 of the Harassment, Harmful Communications and Related Offences Act 2020 |
| Encouragement of a person to attempt suicide or information that would help them do so | Section 2(2) of the Criminal Law (Suicide) Act 1993 |
| Child sex abuse material or an advertisement for child sex abuse material | Section 5(1) of the Child Trafficking & Pornography Act 1998 |
| Encouragement of terrorist activity or a threat to commit an act of terrorism | Section 6 of the Criminal Justice (Terrorist Offences) Act 2005 |
More information
Check out our Online Safety Framework page for more information on it and the various laws that exist in Ireland to regulate the media.