EXPLAINER: The almost 40-year-old law being used by gardaí to tackle far-right falsehoods

Gardaí arrested a man in Wicklow on Tuesday 15 October as part on an ongoing investigation into the creation and dissemination of false allegations on social media - the first arrest of its kind.

In June of this year, an investigation commenced when an image of a migrant man travelling on a bus in Newtownmountkennedy was circulated online, accompanied by claims that he was behaving inappropriately towards a minor.

Following inquiries by the gardaí, they found that the allegation was unfounded and false.

Gardaí from Wicklow North CE Functional Area arrested a man in his 40s following a search at a residential property in south Wicklow. Several mobile phones and electronic devices were also seized. 

Gardaí say that the publication of this false allegation on social media caused serious anxiety and concern to the individual targeted in the post as well as creating alarm and concern regarding safety in the local community.

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The man arrested is currently detained at a Garda Station in Wicklow under Section 4 of the Criminal Justice Act 1984 for an alleged offence under Section 12(a) of the Criminal Law Act, 1976. 

This is the first arrest that has been made under this law for the creation and circulation of false social media posts which did not include threats of violence.

Under Section 12(a) of the Criminal Law Act 1976, anyone who "knowingly makes a false report or statement" suggesting "an offence has been committed" and which gives rise to "apprehension for the safety of persons or property" has committed an offence.

On conviction, this offence carries a sanction of imprisonment of up to five years if tried on indictment.

Gardaí are now using this legislation, alongside existing legislation, in an attempt to tackle far-right falsehoods on social media and at violent protests. 

The man has since been released without charge. A file will now be prepared for the Director of Public Prosecutions.