Accounting for the Harms of Image-Based Sexual Abuse in Ireland’s Harassment, Harmful Communications and Related Offences Act

With the ubiquitousness of technology and advancements in Artificial Intelligence image manipulation, Image-Based Sexual Abuse (IBSA) is increasing worldwide. IBSA refers to the creation and/or distribution of sexual images without consent or the threat to create or distribute such images. Technological developments make it challenging to keep pace with the nature and extent of technology-facilitated crimes and their harms. In this paper, I utilise a feminist lens to examine and synthesise the existing literature on IBSA and its harms. Using this synthesis, I critically analyse the Republic of Ireland’s Harassment, Harmful Communications and Related Offences Act (HHCRO), colloquially called Coco’s Law, and the extent to which it accounts for the harms of IBSA found in the literature. The HHCRO criminalises distributing, publishing, or threatening to distribute or publish intimate images without consent in Ireland. Legislation plays a crucial role in acknowledging the harms of IBSA, helping victim-survivors seek justice for victimisation, and holding perpetrators of IBSA accountable. Hence, I address two research questions: (1) What does existing literature say about the harms of IBSA? (2) To what extent does the HHCRO account for these harms? By reviewing 130 pieces of the literature identified through keyword/phrase searches on online databases, I establish that the harms of IBSA are multiple, including physical harm; psychological harm; interpersonal/social harm; harm to sexual autonomy; economic harm; harm to safety, freedom, and privacy; and harm to society. I find that the HHCRO does not account for the full extent of the harms caused by IBSA. The HHCRO lacks a victim-survivor-centric approach to harm, fails to reflect an embodied understanding of the harm caused by IBSA, and does not approach harm from an intersectional perspective. My recommendations to redress these limitations include familiarising the judiciary with feminist legal approaches and utilising a lens that centers victims and survivors in applying the HHCRO and sentencing decisions. This paper undertakes a critical feminist analysis of key Irish legislation, contributing to emerging IBSA scholarship and offering an important addition to social and legal discourse.