In the coming weeks the Dáil will debate the Protection of Accident Victims from Non-Consensual Recording of Images Bill 2022.
The Bill was initially introduced by Labour Party TD Duncan Smith in July 2022.
During in his introductory remarks at that time the TD observed that “unfortunately, a phenomenon has recently emerged that is both distressing and grotesque. In these cases, there is a serious accident and victims are dead, dying, seriously injured or in a state of nervous shock.”
“That is then filmed by passers-by and shared on social media. We have all heard that the Garda, very quickly after an accident, is having to appeal to the public saying there is an accident on such-and-such a road and please do not share images of it.”
“I do not even have to go into the reasons but the central reason is that a family member or a loved one of the person who has been injured or killed may see it. Images should not be shared out of respect for the victim of the accident. Even after the immediacy of it, those images will stay out there in cyberspace forever. It is an act of absolute indecency and we need to take clamp down on it.”
The Bill itself principally relates to what it defines as a “protected image.”
This meaning covers a visual representation (including any accompanying sound) made by any means including any photographic, film, video or digital representation, of a person at the scene of an accident or other emergency who, as a result of that accident or emergency, is dying or dead, seriously injured, or in a state of nervous shock.
Section 2 of the Bill provides that a person will be guilty of an offence where he or she records or publishes a “protected image” of another person without that other person’s consent, and where that conduct seriously interferes with the peace and privacy of the other person or causes distress, alarm or harm (including psychological harm) to the other person or to members of the family or friends of the other person.
A person guilty of this offence is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both.
The Bill also includes protections for emergency responders and members of the public who record or post images to seek assistance and as such no offence will apply where a person at the scene of an emergency publishes a protected image to another person in the course and for the purpose of obtaining assistance, advice or care for, or providing assistance, advice or care to, a person appearing in the image, or where the person publishes it in the performance of his or her functions as a member of the Garda Síochána.