Minister for Justice Jim O’Callaghan is seeking Cabinet approval to criminalize the possession, production, and distribution of extreme or violent pornography and acts of necrophilia. According to the Minister, this legislative move addresses a gap in Irish law where such material is currently not criminalized, impacting the sexual development of children and young people.
Closing Legal Gaps in the Criminal Law Bill
The proposed changes will require new Heads of Bill to be integrated into the General Scheme of the Criminal Law (Sexual Offences, Domestic Violence and International Instruments) Bill. Minister O’Callaghan stated that extreme pornography is “one of the most influential, accessible, and commercially powerful forces negatively shaping sexual development and behaviour.”
The push for legislation follows a recent High Court finding that no offence currently exists in the jurisdiction to address the possession of extreme pornographic material. This legal vacuum was highlighted after two extradition requests were made regarding the possession of bestiality material.
Did You Know? A 2011 Resolution by the Council of Europe Parliamentary Assembly defined extreme pornography as material graphically portraying scenes of torture, murder, necrophilia, bestiality, or sexual violence for sexual arousal.
The Office of the Attorney General has provided legal advice confirming there are no constitutional or legal impediments to introducing these new offences.
Mainstream Pornography and Youth Exposure
The Sexual Exploitation Research and Policy Institute (SERP) expressed encouragement over the decision but warned that the law must cover the realities of mainstream content. SERP is currently conducting a study of 15- and 16-year-olds which indicates the vast majority have seen pornographic violence, often before finishing primary school.
According to SERP, witnessed violence includes gagging, strangulation, whipping, and slapping. Director Ruth Breslin urged the Minister to ensure the legislation reflects pornography’s role as a “significant driver of gender-based violence.”
Analysis of Ireland’s Most Popular Adult Site
SERP conducted a content analysis of Ireland’s 21st most accessed website, the country’s most popular pornography site. The findings showed that 65% of video titles indicated “content of concern,” primarily focusing on extreme misogyny and sexual violence against women and girls.
Specific breakdowns of the site’s titles included:
- 26% referenced physical aggression
- 24% portrayed or mimicked child sexual abuse
- 13% portrayed incest
Ms. Breslin stated the law must be crafted “with great care” to capture normalized dangerous acts, such as suffocation and strangulation, which are readily available online.
Potential Legislative Next Steps
Following Cabinet approval, the government may proceed with drafting the specific Heads of Bill. This process could lead to a legal framework that aligns Ireland with the 2011 Council of Europe Parliamentary Assembly’s call for member states to criminalize the possession of such material, even for personal use.
Frequently Asked Questions
What specific acts will the new legislation target?
The Minister for Justice intends to create offences related to the production, distribution, and possession of extreme or violent pornography, as well as acts of necrophilia.
Why is Ireland introducing these laws now?
The move follows a High Court finding that no such offence existed in the jurisdiction and follows two extradition requests concerning bestiality material.
What does the SERP Institute suggest regarding the new laws?
The institute emphasizes that the legislation should address problematic content found in mainstream, free-to-access pornography, rather than just niche extreme material.
Do you believe legislation targeting the possession of digital content is an effective way to curb gender-based violence?
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