Corporate Liability under the Harassment, Harmful Communications & Related Offences Act 2020: Outstanding Questions

Abstract

In December, 2020, the Harassment, Harmful Communications and Related Offences Act 2020 also known as Coco's Law was passed by both Houses of the Oireachtas (the Irish Parliament). It was subsequently signed into law by the Irish President and was commenced by the Minister for Justice in February, 2021.

The Act contains three offences. One relates to intentionally or recklessly publishing intimate material without consent. The second is a strict liability offence of recording or distributing intimate material without consent. The third relates to distributing or publishing grossly offensive or threatening material.

It is Section 6 of the Act that is the focus of this piece. Section 6 applies to corporations and provides that bodies corporate, as well as directors, managers, corporate secretaries or other officers of the corporation, may be prosecuted under the Act.

What is clear is that Section 6 imposes corporate liability, but for what is unclear. It is also unclear what a 'body corporate' means in this context as there is no definition provided in the interpretation section of the Act. This piece will attempt to answer these questions.

Keywords: Harassment, Social Media, Technology, Corporate Criminal Liability, European Court of Human Rights, Privacy, Freedom of Expression

JEL Classification: K00, K14, K41, K42