Social media ban for revenge porn accused

A 26-year-old man has been barred from using all social media platforms since being charged with harassing his former girlfriend by allegedly posting sexually explicit photos of her online along with links to her Snapchat account.

It is the first prosecution of its type relating to image-based abuse, more commonly referred to as ‘revenge porn’ to come before the courts in Galway.

Judge Mary Fahy imposed restrictions, prohibiting the publication of the man’s identity when he was first brought in custody before Galway District Court last October.

This week, she asked Sergeant Christy Burke, prosecuting, why had she imposed the restrictions at the time. He reminded her she had imposed the restrictions then as the case involved sexually explicit material.

Garda Paraic Moran gave evidence in October of having arrested and charged the man with harassing his former girlfriend on a date unknown between August 1, 2015 and July 10, 2019, contrary to Section 10 (1) and (6) of the Non-Fatal Offences Against the Person Act 1997.

The accused made no reply when the charge was put to him at the time.

The Director of Public Prosecutions directed the charge could only be dealt with at District Court level if the man entered a guilty plea.

Judge Fahy asked Garda Moran for an outline of the allegations made against the accused so she could decide on whether or not to deal with the case in her court should he plead guilty.

Garda Moran said the man had been in a relationship with the complainant and it was alleged that sometime after they broke up, she was contacted by a couple whom she didn’t know, inviting her to meet them for sex.

As a result of this encounter, the woman discovered intimate photographs of her were circulating on the internet.

She had sent the photos to the accused when they were together and it was alleged, Garda Moran said, that after the relationship ended the accused uploaded the photos to the internet on several occasions with links to the complainant’s Facebook Snapchat account.

Judge Fahy accepted jurisdiction in October to hear the case in her court and she made an order for prosecution statements to be sent to defence solicitor, Brian Gilmartin’s office and for the accused to come to court this week and elect to either plead guilty or not guilty to the charge.

Sgt Browne informed the court this week the statements had inadvertently not yet been sent to Mr Gilmartin but they would be now.

Judge Fahy remanded the accused on continuing bail to appear back before the court in March and elect then whether he wanted to plead guilty or not guilty.

Bail was granted in October subject to conditions sought by Gardai that he have no contact with the complainant or any witnesses, by any means to include social media; continue to reside at his rental address in the city and notify Gardai of any change of address within 48 hours; sign on every Monday, Wednesday and Friday at Garda HQ at Murrough, Renmore; observe a nightly curfew between 10p.m. and 6a.m.; be of good behaviour and remain of sober habits; and provide a mobile phone number to Gardai and answer his phone to them at all times.

Judge Fahy added a further condition at  the time prohibiting the man from accessing Facebook, Instagram, Twitter, Snapchat, TikTok and all other social media platforms, pending completion of the case.

She awarded him free legal aid and also advised him that if he broke any of the bail conditions it was likely he would end up in custody, due to the seriousness of the charge he was facing.