Shannon, Emer (2023) The global problem of image-based sexual abuse considered in the Irish context: An evaluation of existing legal responses with a focus on effective enforcement in the online environment. PhD thesis, National University of Ireland Maynooth.

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Abstract

The recording and/or sharing of intimate images without consent – known as image-based sexual abuse (IBSA) – has received significant legislative attention in recent years. Various approaches to addressing the harm of IBSA have been adopted internationally and this thesis identifies a need to consider the Irish response to IBSA. Adopting a victim-centred approach, this thesis derives lessons from the Australian experience where an innovative system of redress and enforcement has been developed through the establishment of a regulatory structure supported by a statutory body, the Office of the eSafety Commissioner (OESC). The immediate importance of this research is clear. Remediating harm in the world of the internet where both identities and jurisdictional boundaries are blurred is challenging. This thesis investigates the effectiveness of the OESC in practice in order to better assess the Irish approach and the potential of the Irish Online Safety Commissioner to provide adequate redress for victims of IBSA in Ireland. Through the use of doctrinal and comparative analysis and the conducting of interviews with key stakeholders in the area of online regulation, this thesis identifies the key needs of victims of IBSA and identifies numerous mechanisms designed to address those needs, at least in part. This victim-centred approach underlies the in-depth analysis of the Australian system and is used to inform the policy recommendations made in this thesis. Particular attention is afforded to whether the Irish approach should include an individual complaints mechanism. By drawing inferences between the Irish and Australian situations, a clearer picture is drawn as to the optimum remit, structure, functions, and powers of the Irish OSC in order to effectively address the harms of IBSA.

Item Type:	Thesis (PhD)
Keywords:	global problem; image-based sexual abuse; Irish context; evaluation; existing legal responses; effective enforcement; online environment;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	17340
Depositing User:	IR eTheses
Date Deposited:	22 Jun 2023 10:58
URI:
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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