Gardaí criticise the use of encryption by social media platforms

The use of end-to-end encryption by social media companies is making it increasingly difficult for gardaí to investigate hateful or abusive disinformation, according to a senior officer.

Encryption means law enforcement and prosecutors are unable to gain access to vital evidence while investigating offences, Assistant Commissioner Cliona Richardson said.

She said social media companies place a focus on privacy, meaning, “the perpetrator of crime is afforded more protection than the victim; with a ready-made platform to pursue their activity or spread disinformation, with significant access barriers created for them to hide behind,” she said.

The use of end-to-end encryption is one of several issues faced by gardaí while investigating the spread of hateful and abusive disinformation on social media, Ms Richardson told the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media which was holding hearings on online disinformation.

End-to-end encryption is now automatic on various social media platforms, including Facebook and Instagram, making it all but impossible for authorities to gain access to the content of potentially criminal messages, even with a court order.

Garda Commissioner Drew Harris has previously criticised the roll-out of encryption, arguing it makes it much more difficult to investigate cases of online child sexual abuse.

In her opening statement to the committee on Wednesday, Ms Richardson said it is not “realistic nor defensible” for social media platforms to cite privacy and freedom of expression as justification for abusive and misleading content.”

She said it is “incumbent” on social media companies to ensure material is “appropriate for its recipient audience and has been effectively considered for accuracy.”

On the subject of online disinformation and misinformation, the assistant commissioner said there has been increase in false information regarding the accommodation of migrants in certain locations. On occasion, this false information has led to criminality, she said.

“Most recent examples include false claims that properties are to be used as accommodation centres and are subsequently targeted in arson attacks.”

She said gardaí are continuing to investigate a number of arson and criminal damage incidents on accommodation rumoured, falsely or otherwise, to be used for immigrants.

In recent years there have been at least 20 such attacks, although they have become less frequent in recent months.

On occasion, gardaí have had to issue public statements to counter the false information, Ms Richardon said.

In one recent example, false rumours spread online that a child had been the subject of sexual assault by several men in a residential property in Kildare. “These false rumours were widely circulated and also shared by a number of agitators,” Ms Richardson said.

A group of protesters then gathered at a hotel housing migrants in Kildare. During the incident “gardaí were verbally abused while also being targeted with fireworks and other missiles,” she said.