YESTERDAY, GARDAÍ ARRESTED a man in his 40s over “the creation and dissemination of false allegations on social media” in June.
Those allegations centre on a false claim that an asylum seeker exposed himself in front of a child on a bus near Newtownmountkennedy in Co Wicklow.
The town has been the centre of anti-immigrant protests since earlier this year, when it emerged that a number of people seeking asylum in Ireland would be accommodated at a property on the outskirts of the town called River Lodge.
During violent protests at River Lodge in April, Garda vehicles were damaged and members of the force said they “came under attack” from demonstrators.
In the months since, misinformation about asylum seekers living near the town has been shared by far-right and anti-immigrant personalities on social media across social media.
In June, one such claim alleged that an asylum seeker living at River Lodge exposed himself in front of an underage girl on a public bus that serves Newtownmountkennedy.
The claim contained a screenshot of a WhatsApp message in which the allegations were made – reportedly written by a sibling of the underage girl – and was accompanied by a picture which showed a man (supposedly an asylum seeker) asleep on a bus.
It was first posted on X, but soon migrated to other platforms, including Facebook and the messaging app Telegram. Data available on the three platforms shows that the claim has been viewed thousands of times since it was first shared.
The allegation feeds into a wider misinformation narrative, constantly deployed by the anti-immigrant movement, that an influx of asylum seekers and refugees is endangering women and children in Ireland.
Those claims have been shared with little recourse since a wave of anti-immigrant protests began in Ireland almost two years ago – that is, until yesterday’s arrest.
The arrest forms part of a new strategy devised by Gardaí to deal with those who are behind the spread of harmful and frightening misinformation online.
In recent months, investigators in Wicklow have probed a wave of false claims around asylum seekers living near Newtownmountkennedy, which has become a hotbed of misinformation since earlier this year.
Gardaí have been probing such misinformation as part of their broader investigations into large scale public disorder.
As part of their efforts they are utilising a law first introduced in 1976, Section 12(a) of the Criminal Law Act 1976, which has previously been used to prosecute people making false claims to gardaí.
Sources say a specific subsection of this law was used by the Gardaí in Wicklow when they arrested the man in his 40s yesterday, in part because of the seriousness of his behaviour.
The individual, who has not been charged, is a known far-right and anti-Garda agitator.
He was released without charge yesterday, and a file is being prepared for the Director of Public Prosecutions.
The man was arrested in relation to claims that a man who was living in accommodation near Newtownmountkennedy had exposed himself to young girls, which were posted on social media.
Gardaí have proved that the claim was false, after an inquiry into the allegation found no complaints had been made by members of the public that the man was behaving inappropriately on the vehicle or anywhere else.
Investigators also examined CCTV footage from inside the bus, which confirmed that the man at the centre of the claim did not approach young girls for the duration of the journey – and that he had fallen asleep on his journey (something which formed part of the false claim, which added a sexual element).
It is also understood that gardaí carried out investigations around the social platforms where the misinformation was shared, which helped to identify the suspect.
The law used to arrest the suspect, Section 12(a) of the Criminal Law Act 1976, deals directly with false information which puts people into a state of fear.
The subsection states: “[Any person who] knowingly makes a false report or statement tending to show that an offence has been committed, whether by himself or another person, or tending to give rise to apprehension for the safety of persons or property.”
This offence can be prosecuted in the District Court or in a higher court and – critically as it carries a maximum sentence of up to five years – means that a person can be arrested person and detained for questioning.
When Gardaí disclosed to the media that the man had been arrested yesterday, they cited the fact that the allegation that someone had behaved inappropriately towards young girls was shared online and viewed by many people, and that it caused “serious anxiety and concern” for person at the centre of the claim.
It is understood that Section 12(b) has been used extensively by gardaí to prosecute people who make false claims to investigators – particularly those who make false accusations of sexual offences.
But its use to combat misinformation is a new departure for investigators, with sources saying that gardaí would normally use Section 4 of the Harassment, Harmful Communications and Related Offences Act 2020.
That offence deals with people “distributing, publishing or sending threatening or grossly offensive communication”.
The law carries a maximum two-year jail term when prosecuted before the Circuit Criminal Court.
Sources have said that they believe that local investigators in Wicklow have identified the law from 1976 as a potential solution to threatening hate speech.
A source said that while it was not intended by the drafters of the legislation to be used against online disinformation, the law permits a reasonably wide interpretation.
Meanwhile, the probe into misinformation campaign around asylum seekers in Newtownmountkennedy continues.
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