Catfishing -the Law in Ireland
Is Catfishing Illegal?

Like everyone else, my mind was blown by the most recent instalment of the GAA Catfish saga on Monday’s 2 Johnnies podcast!
Catfishing, or the practice of creating a false identity online in order to trick or attract another person- is not, in and of itself, a crime in Ireland.
There are calls to introduce a specific offence of catfishing to protect all victims affected- both those who are deceived, or manipulated, into forming a relationship with the catfish and those whose images are stolen by the catfish in order to establish fictional identities.
Arguably, as suggested by Mali Kine, contributor to the podcast, one of the ways in which the law could be expanded to protect victims would include the possible expansion of the existing law on coercive control to cover catfishing. In my view, it is unlikely that the current legislation would cover such a scenario- although I know the possibility was raised in the podcast. The coercive control legislation is, however, proof of the way Irish law has recognised the potential for serious harm caused by emotional manipulation – previously, the law punished only physical violence in the context of domestic violence.
As it stands, however, the law does provide for ramifications for the catfish’s activities in many situations, such as:
Catfishing might satisfy the definition of harassment in certain situations. Harassment is defined in Irish law as intentionally, or recklessly, causing someone alarm or fear by persistently following, watching, pestering, besetting, or communicating with them. Online harassment is governed by the Harassment, Harmful Communications and Related Offences Act, commonly referred to as Coco’s Law, so-called in honour of Nicole ‘Coco’ Fox who tragically died by suicide following a campaign of online bullying and whose brave mum, Jackie, campaigned for specific protections against cyber bullying. Unlike the ‘traditional’ offence of harassment, online harassment does not need to be persistent – section 4 specifically criminalises one off offensive communications intended to cause harm. Online harassment is punishable by a term of imprisonment of up to two years.
Today’s 2 Johnnies episode referenced the fact that numerous men with whom the catfish had been in contact had shared intimate images with her. It is unclear what she has done with these pictures. Coco’s law criminalises the sharing of intimate images without a person’s consent. In this situation, the person shared their images under false pretences, ie believing they were sharing their pictures with Cora, or Aoife, and accordingly the legislation appears to apply in this scenario. A person found guilty of taking, sharing or distributing images without consent can face a term of imprisonment of up to 12 months. However, if it transpires that these images were published, or shared elsewhere, it might be established that they were shared with the intent to cause harm pursuant to section 2 of the legislation. Such an offence can be punishable, on indictment- that is before the Circuit Court, by a term of up to 7 years imprisonment.
The podcast also mentioned the fact that monies had been requested from one of the victims for payment for a hotel room. Had the guy from whom the money was requested actually sent the funds, a prosecution for deception under the Theft & Fraud Offences Act might arise. Section 6 of the Act prohibits dishonestly inducing others to act with the intention of making a gain for himself or another or causing a loss to another and can therefore apply to ‘romance scams.’
There might also be grounds for a civil claim in the context of catfishing. The podcast mentioned that the catfish made very serious false allegations against certain individuals. Where these individuals were named, arguably, a defamation claim might arise -ie the person against whom the false allegations were made might seek compensation for damage to his reputation. In certain situations, those whose images are used by a catfish to create a fake account might have grounds for a civil action for injury caused by the unlawful use of their data. The main concern with any civil action would be whether there is any reality of recovering damages where a successful judgment was secured.
It is likely that further measures will be introduced to protect victims of catfishing in the future.
Brigid O’Donnell Solicitor is a native of Cashel, Tipperary. She established Brigid O’Donnell Solicitors, with offices in Clonmel, Tipperary and Cork city in August 2023. She represents clients who have suffered injuries due to accidents, or medical negligence, nationwide. She is happy to facilitate remote consultations or to meet with clients at a time and place convenient to you, outside of office hours if required.
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