A Donegal man has escaped jail after posting an offensive status update on his ex-girlfriend’s Facebook page.
The 30-year-old this week became the first person in Ireland to be convicted of criminal damage to a social media account under the Criminal Damage Act 1991. The offence carries a maximum penalty of ten years in prison and a €10,000 fine but the man was spared from serving jail time and instead received a fine of €2,000.
According to the Irish Times, the man, who cannot be named for legal reasons, went to her house to confront her over a perceived infidelity and took her phone before he left.
He then went through her text messages, which are said to have confirmed that she was in a new relationship, before logging into Facebook and posting a status update in her name stating that she was “a whore” who would take “any offers.”
Mr Justice Garrett Sheehan asked how he was supposed to assess the damage if nothing had physically been broken and was advised by the Counsel for the Director of Public Prosecutions that the offence had more in common with harassment than criminal damage, with the harm being reputational rather than monetary.
