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Developments in the Law Governing Online Activity: The Criminalisation of Catfishing and Civil Relief in Cases of Image-Based Sexual Abuse

Boland, Michael James (2025) — SSRN Electronic Journal

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DOI: 10.2139/ssrn.5219621 (opens in a new tab)

Type:   Journal Article
Country:   Ireland
Tags:   Catfishing, Civil Remedies, Criminalisation, Deepfakes, Image Based Sexual Abuse, Legal Certainty, Online Grooming, Representative Actions
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Synopsis

            
This doctrinal legal analysis examines Irish criminal and civil law governing catfishing, online grooming, image-based sexual abuse, and AI-generated deepfakes. The article interprets the proposed Non-Fatal Offences against the Person (Amendment) Bill 2024 alongside the amended harassment provision, grooming law, the 2020 and 2018 Acts, the proposed AI Liability Directive, and Digital Rights Ireland v Discord Inc. Digital Rights Ireland brought a representative action for six Irish victims whose intimate images were allegedly posted to Discord without consent. Irish law already criminalises non-consensual recording, distribution, or threatened distribution of intimate material, including faked or altered material. This is a normative doctrinal article rather than an empirical study of catfishing prevalence, victim experiences, reporting, enforcement, or outcomes.

          

        
                  

            
Identified Gaps

            
The article identifies legal uncertainty over whether the amended harassment offence adequately protects the person deceived by a catfish, rather than only the person whose identity is misappropriated. It argues that catfishing is insufficiently visible and accessible as a distinct offence when subsumed under existing law. It also notes unresolved civil-redress issues for AI deepfakes: the AI Liability Directive was withdrawn, and compensable harms would have been left to Member State discretion.

          

        
                  

            
Methods

            
Doctrinal legal analysis of Irish criminal and civil law governing catfishing, online grooming, image-based sexual abuse, and AI-generated deepfakes. The article interprets the proposed Non-Fatal Offences against the Person (Amendment) Bill 2024 alongside the amended harassment provision, grooming law, the 2020 and 2018 Acts, the proposed AI Liability Directive, and Digital Rights Ireland v Discord Inc. It also draws on Seanad debates, legislation, legal scholarship, and policy materials.

          

        
                  

            
Limitations

            
This is a normative doctrinal article rather than an empirical study of catfishing prevalence, victim experiences, reporting, enforcement, or outcomes. Several conclusions are necessarily contingent: the catfishing Bill collapsed and requires reintroduction; Digital Rights Ireland v Discord Inc. remains unresolved; and the proposed AI Liability Directive was withdrawn. Claims regarding future civil compensation for AI deepfakes are therefore reasoned legal arguments rather than established law.

          

        
                  

            
Future Work

            
Reintroduce the Non-Fatal Offences against the Person (Amendment) Bill 2024, or an amended version, to create a standalone catfishing offence. Policymakers should monitor online behavioural trends so law can anticipate or respond rapidly to emerging harms. If an AI Liability Directive is revived, Irish transposition should include harm from AI-generated intimate material among compensable harms.

          

              

    
    

        
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