From:Department of Justice, Home Affairs and Migration

The Minister for Justice, Home Affairs and Migration, Jim O’Callaghan, today held informal discussions with EU Justice and Home Affairs Ministers on the need for effective measures to address the harmful impact of violent or extreme pornography.

A key priority during Ireland's Presidency of the Council of the European Union is to maintain a spotlight on the scourge of domestic, sexual and gender-based violence (DSGBV).

The working lunch at Dublin Castle considered approaches that Member States are already taking to address online harms, and to explore the potential for a range of measures to specifically tackle the harmful impact of violent or extreme pornography both within and outside of criminal justice systems.

Earlier this week, Minister O’Callaghan secured Government approval to draft legislation to criminalise the possession, production and distribution of extreme or violent pornography, addressing a significant gap in Irish law.

“There is increasing recognition across Europe of the role that violent and extreme pornography can play in fuelling misogyny, normalising sexual violence and undermining healthy relationships.

“Our laws must keep pace with technological developments including AI-generated content that can be used to create realistic depictions of extreme sexual violence. These proposals represent another important step in the Government’s wider programme of reforms to combat domestic, sexual and gender-based violence.

“This is a domestic priority and important to have as a focus of discussion during the Irish Presidency.”

The proposals agreed by the Irish Government earlier this week reflect growing evidence that exposure to violent and degrading pornography can contribute to misogynistic attitudes, normalise sexual violence and undermine healthy relationships, particularly among young people. The increasing ubiquity and normalisation of such material, which is often reaching young people unsolicited and unwanted, has emerged in a broader context of technology-facilitated harms disproportionately affecting women and girls, particularly in the online environment.

“I’m conscious that Ireland does not currently criminalise the possession of extreme and violent pornography. Such material is having a harmful impact, particularly on young people, and is distorting healthy sexual development and normalising violence against women and girls, who form the vast majority of victims depicted.

“Considering the gap that exists in the legislation and the harm being done through the dissemination of this material, I have brought forward proposals to criminalise the possession, production or distribution of extreme or violent pornography, and secured Government approval to commence drafting this legislation.”

The proposed legislation will also introduce a new offence of necrophilia.

The new offences are intended to include situations where technology has been used to create pornographic material that appears, to a reasonable person, to depict real individuals engaging in extreme or violent acts. The proposals will complement the existing offences relating to intimate image abuse under the Harassment, Harmful Communications and Related Offences Act 2020.

The legislation will be developed in close consultation with the Office of the Attorney General to ensure an appropriate balance is struck between protecting individuals from harmful material and respecting constitutional rights, including freedom of expression.

Minister O’Callaghan and the Department will also continue to work with Cuan, Coimisiún na Meán and other stakeholders to develop a comprehensive, evidence-based and cross-sectoral response to addressing the harms associated with pornography and technology-facilitated abuse.

Domestic, Sexual and Gender-Based Violence

The proposed legislation supports the Government’s broader response to domestic, sexual and gender-based violence (DSGBV) and aligns with commitments under:

Actions under these strategies include increasing public awareness of the harms associated with pornography, developing pornography literacy initiatives, tackling misogyny and violence against women, and strengthening online safety.

Ireland does not currently criminalise the possession of extreme or violent pornography.

This has been highlighted by the High Court in the context of two recent applications for extradition, where charges in the UK for extreme pornography offences, both concerning material involving animals, were found to have no corresponding offence in Irish law.

Scope of the proposed legislation

Minister O’Callaghan has secured Government approval to commence drafting additional Heads of Bill for inclusion in the General Scheme of the Criminal Law (Sexual Offences, Domestic Violence and International Instruments) Bill. These additional heads will introduce offences relating to the possession, production or distribution of extreme or violent pornography, and acts of necrophilia.

Extreme or violent pornography is described by the Council of Europe Parliamentary Assembly as including material, “graphically portraying scenes of degradation, sexual violence, torture, murder, necrophilia or bestiality for the purposes of sexual arousal.”

It is intended that the offences will take an objective approach, covering material that would appear to a reasonable person to depict extreme violence, abuse, necrophilia or bestiality involving real people, including where technology has been used to alter or generate the material.

The legislation will be developed in close consultation with the Office of the Attorney General to ensure that appropriate distinctions are drawn between prohibited material and material held or produced for legitimate artistic or investigative purposes, with appropriate statutory defences provided for.