The Act focuses on the non-consensual distribution of explicit images, inter alia. Section 2 makes it an offence to distribute, publish, or threaten to distribute or publish an intimate image with (i) intent to harm or (ii) being reckless as to whether harm is caused. Section 1 defines “distribute” and “publish” as being distributed or published to the public or a section of the public. Section 1 further defines an “intimate image” in broad terms, encompassing a photographic, film, video, or digital representation, and includes nude, non-nude, or sexual images. “Harm” includes psychological harm (Section 1). A person found guilty of an offence under Section 2 is subject to a Class A fine (up to €5,000) and/or up to 12 months’ imprisonment if tried summarily, or a fine and/or up to seven years’ imprisonment if convicted on indictment. Section 3 makes it an offence to record, distribute, or publish intimate images without consent. A person found guilty of such an offence is liable, on summary conviction, to a Class A fine (up to €5,000), and/or up to 12 months’ imprisonment. Section 4 makes it an offence to distribute, publish, or send threatening or grossly offensive communications. A person found guilty of an offence under Section 2 is subject to a Class A fine (up to €5,000) and/or up to six months’ imprisonment if tried summarily, or a fine and/or up to two years’ imprisonment if convicted on indictment. Section 7 provides that summary proceedings for an offence under the Act may be instituted within two years from the date on which the offence was committed.
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