In
Ireland
Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
, the state retains laws that allow for censorship, including specific laws covering films, advertisements, newspapers and magazines, as well as terrorism and pornography. In the early years of the state, censorship was widely enforced, particularly in areas that were perceived to be in contradiction of
Roman Catholic
Roman or Romans most often refers to:
* Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
* Roman people, the people of ancient Rome
*'' Epistle to the Romans'', shortened to ''Romans'', a let ...
dogma, including
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
,
sexuality
Human sexuality is the way people experience and express themselves sexually. This involves biological, psychological, physical, erotic, emotional, social, or spiritual feelings and behaviors. Because it is a broad term, which has varied wit ...
and
homosexuality
Homosexuality is Romance (love), romantic attraction, sexual attraction, or Human sexual activity, sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romant ...
. The church had banned many books and theories for centuries, listed in the
Index Librorum Prohibitorum
The ''Index Librorum Prohibitorum'' ("List of Prohibited Books") was a list of publications deemed heretical or contrary to morality by the Sacred Congregation of the Index (a former Dicastery of the Roman Curia), and Catholics were forbid ...
.
Current censorship
Film censorship
Ireland's Film Censors Office, renamed in 2008 as the
Irish Film Classification Office
The Irish Film Classification Office (IFCO) ( ga, Oifig Aicmithe Scannán na hÉireann, OASÉ) is the organisation responsible for films, television programmes, and some video game classification and censorship within Ireland. Where restrictio ...
, heavily cut films and videos for rental release, or placed high age ratings on them. In 2000 ''
The Cider House Rules
''The Cider House Rules'' (1985) is a novel by American writer John Irving, a ''Bildungsroman'' that was later adapted into a 1999 film and a stage play by Peter Parnell. The story, set in the pre– and post–World War II era, tells of a youn ...
'' received an 18 certificate in Ireland due to its themes of abortion and incest, although in other countries, such as the UK, the film received a 12 certificate.
Advertisements
Advertisements are regulated by the Advertising Standards Authority for
Ireland
Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
, and must be truthful and factually accurate. In addition, adverts for illegal services are not allowed. The ASAI is a voluntary industry body which has no statutory powers and has no power to remove a publication from circulation. This power is vested in the Censorship of Publications Board. Given the status of the ASAI some advertisers choose to continually ignore its rulings by running controversial advertisements purely to draw attention to their products and services.
Newspapers and magazines
Whilst still theoretically censorable, newspapers and magazines are free to publish anything which does not break Ireland's tough
libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defi ...
laws. The
Censorship of Publications Board
In Ireland, the state retains laws that allow for censorship, including specific laws covering films, advertisements, newspapers and magazines, as well as terrorism and pornography. In the early years of the state, censorship was widely enfo ...
reviews newspapers and magazines referred to it by the Customs and Excise and by members of the public. Until the late 1980s a large number of (mainly foreign) newspaper and magazines were banned in Ireland including ''
Playboy
''Playboy'' is an American men's Lifestyle magazine, lifestyle and entertainment magazine, formerly in print and currently online. It was founded in Chicago in 1953, by Hugh Hefner and his associates, and funded in part by a $1,000 loan from H ...
'' and the ''
News of the World
The ''News of the World'' was a weekly national red top tabloid newspaper published every Sunday in the United Kingdom from 1843 to 2011. It was at one time the world's highest-selling English-language newspaper, and at closure still had one ...
'',
the British edition of which was still, theoretically, banned when it ceased publication.
The listing of periodicals under permanent banning orders as of 2007 includes many publications which have ceased to be published, as well as ones which are now sold freely without any realistic chance of prosecution, such as ''
Health and Efficiency'' and ''
The Weekly News
''The Weekly News'' was a British national newspaper founded in 1855 and published every Wednesday by the Dundee newspaper chain DC Thomson. Billed as "the paper with the feelgood factor," it contained news and features on a broad range of su ...
''. A large proportion of the banning orders date from the 1950s or before; and a similar proportion cover
true crime
True crime is a nonfiction literary, podcast, and film genre in which the author examines an actual crime and details the actions of real people associated with and affected by criminal events.
The crimes most commonly include murder; about 40 per ...
publications, a type which were once illegal due to a perceived risk of glorifying or encouraging criminal behaviour.
In 2011,
Paul Raymond Publications
Paul Raymond Publications is a British publisher of softcore monthly pornographic magazine titles, including '' Escort'', '' Club International'', ''Mayfair'', '' Men Only'', '' Men's World'' and '' Razzle''. The company's lawyers scrutinise the ...
successfully appealed against the ban on 5 of their publications, one of which has been banned for nearly 80 years, and these publications can now be freely sold.
Pornography
Pornography that includes any participants being beneath the Irish
age of consent
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
is strictly illegal. This includes videos, DVD, film, photographs, digital files, drawings and text descriptions. There are no other laws banning specific types of pornography in Ireland.
However, distribution of obscene material by phone can be prosecuted under the Post Office (Amendment) Act of 1951, the Director of Film Classification at the Irish Film Classification Office may ban public display of films considered to be obscene, and the
Censorship of Publications Board
In Ireland, the state retains laws that allow for censorship, including specific laws covering films, advertisements, newspapers and magazines, as well as terrorism and pornography. In the early years of the state, censorship was widely enfo ...
may prohibit the sale and distribution of books and periodicals if they are found to be obscene. The magazine
Playboy
''Playboy'' is an American men's Lifestyle magazine, lifestyle and entertainment magazine, formerly in print and currently online. It was founded in Chicago in 1953, by Hugh Hefner and his associates, and funded in part by a $1,000 loan from H ...
was illegal in Ireland until 1995.
In the 1960s,
Roman Catholic Archbishop of Dublin
The Archbishop of Dublin ( ga, Ard-Easpag Bhaile Átha Cliath) is the head of the Archdiocese of Dublin in the Catholic Church, responsible for its spiritual and administrative needs. The office has existed since 1152, in succession to a regula ...
John Charles McQuaid
John Charles McQuaid, C.S.Sp. (28 July 1895 – 7 April 1973), was the Catholic Primate of Ireland and Archbishop of Dublin between December 1940 and January 1972. He was known for the unusual amount of influence he had over successive govern ...
lobbied the Irish government to have pornography banned outright.
The government-controlled
IE Domain Registry
The .'IE'' is the domain name registry for the .ie country code top-level domain. Their work includes protecting, supporting and promoting the web presence of all .ie domain names. They administer and manage the .ie namespace in the public inter ...
currently has a ban on all domain names it considers "offensive or contrary to public policy or generally accepted principles of morality". In particular, the domains Pornography.ie and Porn.ie are known to be banned.
Central Bank of Ireland
In July 2009, the
Central Bank of Ireland
The Central Bank of Ireland ( ga, Banc Ceannais na hÉireann) is Ireland's central bank, and as such part of the European System of Central Banks (ESCB). It is the country's financial services regulator for most categories of financial firms ...
blocked insurers and banks from making any critical statements containing "any references" to them by means either of "public press statements" or un-approved public references, whether "written or oral."
The Credit Institutions (Stabilisation) Act 2010
This Act was passed by 78–71 in December 2010 in partial response to the
post-2008 Irish banking crisis
The post-2008 Irish banking crisis was the situation whereby, due to the Great Recession, a number of Irish financial institutions faced almost imminent collapse due to insolvency. In response, the Irish government instigated a €64 billion ban ...
. Section 60 provides that the Irish government may apply to the courts for an order made under the Act to be heard in private. Section 59 prohibits anyone from publishing the fact that the minister has made an order or direction under the Act; even publication that such a prohibition order has been made is also an offence under the Act. Days after the Act was passed, an order was sought by minister
Brian Lenihan Jnr
Brian Joseph Lenihan (21 May 1959 – 10 June 2011) was an Irish Fianna Fáil politician who served as Minister for Finance from 2008 to 2011, Deputy Leader of Fianna Fáil from March 2011 to June 2011, Minister for Justice, Equality and Law ...
and approved allowing a transfer of over €3,700,000,000 into
Allied Irish Bank
Allied Irish Banks, p.l.c. is one of the so-called Big Four commercial banks in Ireland. AIB offers a full range of personal, business and corporate banking services. The bank also offers a range of general insurance products such as home, trav ...
, then an insolvent bank. Two ''
Irish Times
''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is considered a newspaper ...
'' reporters were expelled from the court by judge
Maureen Harding Clark
Maureen Harding Clark (born 3 January 1946) is an Irish jurist and judge. She has been a judge at the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Court (ICC), the High Court of Ireland and is a m ...
just before the hearing.
Censorship of books
On 18 November 1942
Senator Sir John Keane moved in
Seanad Éireann
Seanad Éireann (, ; "Senate of Ireland") is the upper house of the Oireachtas (the Irish legislature), which also comprises the President of Ireland and Dáil Éireann (the lower house).
It is commonly called the Seanad or Senate and its memb ...
: "That, in the opinion of Seanad Éireann, the Censorship of Publications Board appointed by the Minister for Justice under the Censorship of Publications Act 1929, has ceased to retain public confidence, and that steps should be taken by the Minister to reconstitute the board". After four days of debate, the motion was roundly defeated: Tá (for) 2 votes – Sir John Keane and Joseph Johnston – Níl (against) 34 votes.
Formerly censored topics
The Troubles: RTÉ and Section 31 of the Broadcasting Authority Act
During
the Troubles
The Troubles ( ga, Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it is sometimes described as an "i ...
in Northern Ireland, from 1968 to 1994, censorship was used principally to prevent
Raidió Teilifís Éireann
Raidi (; ; also written Ragdi; born August, 1938) is a Tibetan politician of the People's Republic of China. He served as a vice chairman of the Standing Committee of the National People's Congress from 2003 to 2008, and the highest ranking Tibeta ...
(RTÉ) interviews with spokespersons for
Sinn Féin
Sinn Féin ( , ; en, " eOurselves") is an Irish republican and democratic socialist political party active throughout both the Republic of Ireland and Northern Ireland.
The original Sinn Féin organisation was founded in 1905 by Arthur Gri ...
and for the
IRA
Ira or IRA may refer to:
*Ira (name), a Hebrew, Sanskrit, Russian or Finnish language personal name
*Ira (surname), a rare Estonian and some other language family name
*Iran, UNDP code IRA
Law
*Indian Reorganization Act of 1934, US, on status of ...
. Under Section 31 of the Broadcasting Authority Act (1960), the Minister for Posts & Telegraphs could issue a Ministerial Order to the government-appointed RTÉ Authority not to broadcast material specified in the written order. In 1971 the first ever Order under the section was issued by Fianna Fáil
Minister for Posts and Telegraphs
The Minister for Posts and Telegraphs ( ga, Aire Poist agus Telegrafa) was the holder of a position in the Government of Ireland (and, earlier, in the Executive Council of the Irish Free State). From 1924 until 1984 – when it was abolished � ...
Gerry Collins. It instructed RTÉ not to broadcast,
:''any matter that could be calculated to promote the aims or activities of any organisation which engages in, promotes, encourages or advocates the attaining of any particular objectives by violent means''.
Collins refused clarification when RTÉ asked for advice on what this legal instruction meant in practice. RTÉ interpreted the Order politically to mean that spokespersons for the Provisional and Official IRA could no longer appear on air. In 1972 the government sacked the RTÉ Authority for not sufficiently disciplining broadcasters the government accused of breaching the Order. RTÉ's Kevin O'Kelly had reported on an interview that he conducted with the (Provisional) IRA Chief of Staff,
Sean MacStiofáin, on the Radio Éireann ''This Week'' programme. The recorded interview was not itself broadcast. MacStiofáin's voice was not heard. However, he was arrested after the O'Kelly interview and charged with membership of the IRA, an illegal organisation. Soon afterwards, at the non-jury Special Criminal Court O'Kelly was jailed briefly for contempt because he refused to identify a voice on a tape seized by the Gardaí as that of Mac Stiofáin. Mac Stiofáin was convicted in any case. On appeal by O'Kelly to the Supreme Court a fine was substituted as a means purging O'Kelly's contempt. The fine was paid anonymously and O'Kelly was released.
In 1976, Labour Minister for Posts and Telegraphs
Conor Cruise O'Brien
Donal Conor David Dermot Donat Cruise O'Brien (3 November 1917 – 18 December 2008), often nicknamed "The Cruiser", was an Irish diplomat, politician, writer, historian and academic, who served as Minister for Posts and Telegraphs from 1973 ...
amended Section 31 of the Broadcasting Act. He also issued a new Section 31 Order. O'Brien censored spokespersons for specific organisations, including the Sinn Féin political party, rather than specified content. That prevented RTÉ from interviewing Sinn Féin spokespersons under any circumstances, even if the subject was unrelated to the IRA campaign in Northern Ireland conflict. On one occasion that led to the interruption of a
call-in show
A talk show (or chat show in British English) is a television programming or radio programming genre structured around the act of spontaneous conversation.Bernard M. Timberg, Robert J. Erler'' (2010Television Talk: A History of the TV Talk Show ...
about gardening on radio because a caller was a member of Sinn Féin. The changes eroded liberal interpretations by RTÉ of its censorship responsibilities, afforded by the original 1971 Order, and encouraged a process of illiberal interpretation.
Also in 1976, O'Brien attempted to extend censorship to newspaper coverage of the 'Troubles' by targeting in particular ''
The Irish Press
''The Irish Press'' (Irish: ''Scéala Éireann'') was an Irish national daily newspaper published by Irish Press plc between 5 September 1931 and 25 May 1995.
Foundation
The paper's first issue was published on the eve of the 1931 All-Ireland ...
''; In an interview with Washington Post reporter Bernard Nossiter, O'Brien identified ''Press'' Editor,
Tim Pat Coogan, as someone who might be prosecuted under a proposed amendment to the Offences Against the State Act. O'Brien cited pro-republican Letters to the Editor as coming under the terms of the legislation for which the editor could be made legally liable. Coogan, who was immediately warned of O'Brien's intentions by Nossiter, then published the Nossiter-O'Brien interview (as did ''The Irish Times''). Due to public opposition the proposed provisions were amended to remove the perceived threat to newspapers. The 1973-77
Fine Gael
Fine Gael (, ; English: "Family (or Tribe) of the Irish") is a liberal-conservative and Christian-democratic political party in Ireland. Fine Gael is currently the third-largest party in the Republic of Ireland in terms of members of Dáil � ...
/Labour Coalition Government also tried to prosecute the ''Irish Press'' for its coverage of the maltreatment of republican prisoners by the Garda ''Heavy Gang'', with the paper winning the case.
The United Kingdom operated
similar rules between 1988 and 1994 covering eleven republican and loyalist organisations, but they were less severe than the Section 31 Order. For instance, British broadcasters could dub Sinn Féin speeches and interviews with an actor's voice, or subtitle footage. That was not possible in Ireland where O'Brien's Section 31 Order, which remained in place until 1994, specifically banned 'reports of interviews' with spokespersons for censored organisations. Moreover, British broadcasters were more liberal than RTÉ in defining when a person was a spokesperson for a censored organisation. They held that an MP like Sinn Féin President
Gerry Adams
Gerard Adams ( ga, Gearóid Mac Ádhaimh; born 6 October 1948) is an Irish republican politician who was the president of Sinn Féin between 13 November 1983 and 10 February 2018, and served as a Teachta Dála (TD) for Louth from 2011 to 2020 ...
or a Sinn Féin councillor could be interviewed about constituency business or in their private capacity. RTÉ would not allow this under any circumstances, a stance that caused a crisis in RTÉ in the early 1990s. In addition, the British censorship rules did not apply at election time, whereas they operated at all times in Ireland.
Under severe pressure from successive governments, from approximately 1977 RTÉ extended Section 31 to censor all Sinn Féin members, not merely the Sinn Féin spokespersons specified in the Section 31 Order. This extension of the Order came to a head in the early 1990s. Sinn Féin member Larry O'Toole was not permitted to talk on RTÉ about a strike in ''Gateaux'', a cake factory in Finglas, north Dublin, where O'Toole worked. He was informed in writing by RTÉ that his Sinn Féin membership was the reason for the censorship. O'Toole challenged what he contended was RTÉ self-censorship in the High Court. After the court found in O'Toole's favour in August 1992, RTÉ appealed the ruling that liberalised its Section 31 regime. Consequently, RTÉ were accused of appealing to be censored. RTÉ then lost in the Supreme Court in March 1993.
In 1991,
European Commission of Human Rights
The European Commission of Human Rights was a special body of the Council of Europe.
From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Hu ...
upheld the ban in case ''Purcell v. Ireland'', though not unanimously. The Section 31 broadcasting ban lapsed on 19 January 1994 because it was not renewed by
Minister for Arts, Culture and the Gaeltacht Michael D. Higgins
Michael Daniel Higgins ( ga, Mícheál Dónal Ó hUigínn; born 18 April 1941) is an Irish politician, poet, sociologist, and broadcaster, who has served as the ninth president of Ireland since November 2011. Entering national politics throug ...
, eight months prior to the August 1994 IRA ceasefire. The last person censored under the lapsing Order in January 1994 was Larry O'Toole, who was banned from appearing in a joint RTÉ/Channel Four programme on the Northern Ireland conflict, chaired by Channel Four's John Snow. The Channel Four production team wished to speak to O'Toole about his court victory. RTÉ would not permit this as O'Toole had been chosen as a candidate in European elections to be held five months later. RTÉ said O'Toole was therefore a Sinn Féin spokesperson, irrespective of the capacity in which he was to be interviewed or the proposed interview's distant relationship with a future election.
Abortion and birth control
Until the early 1990s, discussing abortion in any way, including the provision of impartial information, was disallowed, and any publication providing information on the medical treatment would be confiscated. In the 1980s, the
Irish Family Planning Association The Irish Family Planning Association (IFPA) is an Irish charity working to enable people to make informed choices about sexuality and reproduction. The organisation promotes the right of all people to sexual and reproductive health information as ...
and the
Trinity College Dublin
, name_Latin = Collegium Sanctae et Individuae Trinitatis Reginae Elizabethae juxta Dublin
, motto = ''Perpetuis futuris temporibus duraturam'' (Latin)
, motto_lang = la
, motto_English = It will last i ...
and
University College Dublin
University College Dublin (commonly referred to as UCD) ( ga, Coláiste na hOllscoile, Baile Átha Cliath) is a public research university in Dublin, Ireland, and a collegiate university, member institution of the National University of Ireland ...
students' union
A students' union, also known by many other names, is a student organization present in many colleges, universities, and high schools. In higher education, the students' union is often accorded its own building on the campus, dedicated to social, ...
s were successfully sued by the
Society for the Protection of Unborn Children
Society for the Protection of Unborn Children is an anti-abortion organisation in the United Kingdom which also opposes assisted suicide and abortifacient birth control.
History and support
SPUC was formed in 1966 amid parliamentary debates ...
for publishing telephone numbers for abortion clinics in the United Kingdom. On one occasion British newspaper ''
The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' was withdrawn by its Irish distributors for a day to preempt a threatened ban due to the inclusion of an advertisement for a UK abortion clinic in that day's issue (despite the advert having appeared on a number of prior occasions without incident).
In May 1992, the
Democratic Left T.D. Proinsias De Rossa
Proinsias De Rossa (born 15 May 1940) is a former Irish Labour Party politician who served as Minister for Social Welfare from 1994 to 1997, Leader of Democratic Left from 1992 to 1999 and Leader of the Workers' Party from 1988 to 1992. He s ...
subverted this ban by reading the offending telephone numbers into the
Dáil record; because of his
absolute privilege
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
as a member of the
Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of:
*The President of Ireland
*The bicameralism, two houses of the Oireachtas ...
, he avoided a lawsuit.
In the wake of the
X Case
''Attorney General v X'', 992IESC 1; 9921 IR 1, (more commonly known as the "X Case") was a landmark Irish Supreme Court case which established the right of Irish women to an abortion if a pregnant woman's life was at risk because of pregnanc ...
, the
fourteenth amendment of the
Constitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
approved in November 1992 removed the constitutional prohibition. Regulation of access to information to abortion was put on a statutory basis by the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act 1995. This was repealed by the
Health (Regulation of Termination of Pregnancy) Act 2018
The Health (Regulation of Termination of Pregnancy) Act 2018 ( Act No. 31 of 2018; previously Bill No. 105 of 2018) is an Act of the Oireachtas (Irish parliament) which defines the circumstances and processes within which abortion may be legally ...
.
Blasphemy
Until 2018,
blasphemy
Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...
was prohibited by Article 40.6.1º.i. of the
1937 Constitution. The
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
offence of
blasphemous libel, applicable only to Christianity and last prosecuted in 1855, was ruled in 1999 to be incompatible with the Constitution's guarantee of religious equality. Since banning blasphemy was mandated by the Constitution, abolishing the offence required a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
. Since it was deemed by the government of the time that a referendum solely for that purpose "would rightly be seen as a time wasting and expensive exercise", the
lacuna
Lacuna (plural lacunas or lacunae) may refer to:
Related to the meaning "gap"
* Lacuna (manuscripts), a gap in a manuscript, inscription, text, painting, or musical work
** Great Lacuna, a lacuna of eight leaves where there was heroic Old Norse p ...
was filled in 2009 by a new offence of "publication or utterance of blasphemous matter", against any religion, under the Defamation Act 2009, section 36. The law included the offence of
blasphemous libel.
It was never enforced.
The advocacy group
Atheist Ireland responded to the enactment by announcing the formation of the "Church of Dermotology" (named after Dermot Ahern, the minister who introduced the 2009 law).
">1/sup> On the date on which the law came into effect, it published a series of potentially blasphemous quotations on its website and vowed to challenge any resulting legal action. ">2/sup> Scientist Richard Dawkins
Richard Dawkins (born 26 March 1941) is a British evolutionary biologist and author. He is an emeritus fellow of New College, Oxford and was Professor for Public Understanding of Science in the University of Oxford from 1995 to 2008. An ath ...
described the new law as "''wretched, backward and uncivilised''".
After the 2015 ''Charlie Hebdo'' shooting, Ali Selim of the Islamic Cultural Centre of Ireland
The Islamic Cultural Centre of Ireland (ICCI; Irish: ''Ionad Cultúrtha Ioslamach na hÉireann'') is an Islamic
complex, including a mosque, in Clonskeagh, Dublin, Ireland. It is funded by the al-Maktoum Foundation of Dubai and has a Sunni ori ...
suggested that the blasphemy provision of the Defamation Act 2009 should be applied to any media outlet reproducing cartoons depicting Muhammad as part of the "Je suis Charlie
"'" (, ) is a slogan and logo created by French art director Joachim Roncin and adopted by supporters of freedom of speech and freedom of the press after the 7 January 2015 shooting in which twelve people were killed at the offices of the Fr ...
" campaign. ">3/sup>
The text of the 2009 Act defined the crime where: ''he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion, and (b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage''.
* The judge would need to be satisfied the matter is "abusive and insulting" as distinct from opinion.
* Judicial interpretation of "held sacred" and "any religion" could render the Act unenforceable.
* A defendant's lawyer would argue the definition of "grossly", "thereby causing", "outrage" and "substantial number".
* Article s.36 (3) provides that – "it shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
* Further, a "religion" is further defined in s.36 (4); it – ''does not include an organisation or cult— (a) the principal object of which is the making of profit, or (b) that employs oppressive psychological manipulation
Manipulation in psychology is a behavior designed to exploit, control, or otherwise influence others to one’s advantage. Definitions for the term vary in which behavior is specifically included, influenced by both culture and whether referring t ...
— (i) of its followers, or (ii) for the purpose of gaining new followers.''
* s.36 could be held to be in breach of 44.2.1º of the Constitution ''The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status."
In October 2014, Minister of State
Minister of State is a title borne by politicians in certain countries governed under a parliamentary system. In some countries a Minister of State is a Junior Minister of government, who is assigned to assist a specific Cabinet Minister. In o ...
Aodhán Ó Ríordáin
Aodhán Ó Ríordáin (; born 22 July 1976) is an Irish Labour Party politician who has been a Teachta Dála (TD) for the Dublin Bay North constituency since the 2020 general election, and previously from 2011 to 2016 for the Dublin North-Ce ...
gave the official government response to a report on the blasphemy issue by the Constitutional Convention, announcing that it had decided to hold a referendum on the issue. ">1/sup>
On 26 October 2018, a constitutional amendment
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
was approved by a margin of 64.85% to 35.15% which removed the offence of blasphemy from the Constitution. The provisions of the Defamation Act 2009 were repealed upon the commencement of the Blasphemy (Abolition of Offences and Related Matters) Act 2019 on 17 January 2020.
Mail
Censorship of mail in Ireland goes back to, at least, the 1660s and possibly earlier. Both overt and covert censorship of Irish mail took place, mainly in England and sometimes using warrants, from then through the 19th century. The Irish Civil War
The Irish Civil War ( ga, Cogadh Cathartha na hÉireann; 28 June 1922 – 24 May 1923) was a conflict that followed the Irish War of Independence and accompanied the establishment of the Irish Free State, an entity independent from the United ...
saw mail raided by the IRA
Ira or IRA may refer to:
*Ira (name), a Hebrew, Sanskrit, Russian or Finnish language personal name
*Ira (surname), a rare Estonian and some other language family name
*Iran, UNDP code IRA
Law
*Indian Reorganization Act of 1934, US, on status of ...
, marked as censored and sometimes opened. This was the first recorded such action within the new state. The National Army also opened mail and censorship of irregulars
Irregular military is any non-standard military component that is distinct from a country's national armed forces. Being defined by exclusion, there is significant variance in what comes under the term. It can refer to the type of military orga ...
' mail in prisons took place.
During the 1939–1945 Emergency extensive postal censorship
Postal censorship is the inspection or examination of mail, most often by governments. It can include opening, reading and total or selective obliteration of letters and their contents, as well as covers, postcards, parcels and other postal pa ...
took place under the control of the Department of Defence Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philipp ...
whose powers were conferred by the Emergency Powers Act 1939
The Emergency Powers Act 1939 (EPA) was an Act of the Oireachtas (Irish parliament) enacted on 3 September 1939, after an official state of emergency had been declared on 2 September 1939 in response to the outbreak of the Second World War. The ...
. Civilian mail was controlled by the approximately 200 censors who worked in Dublin's Exchequer Street and who had all been vetted by the G2 Directorate of Intelligence and the Gardaí. Using the Black List
Blacklisting is the action of a group or authority compiling a blacklist (or black list) of people, countries or other entities to be avoided or distrusted as being deemed unacceptable to those making the list. If someone is on a blacklist, t ...
and White List
A whitelist, allowlist, or passlist is a mechanism which explicitly allows some identified entities to access a particular privilege, service, mobility, or recognition i.e. it is a list of things allowed when everything is denied by default. It is ...
to target certain mail, the small staff were unable to effect 100% censorship; however, continental European mail was all reviewed, as was all incoming and outbound airmail
Airmail (or air mail) is a mail transport service branded and sold on the basis of at least one leg of its journey being by air. Airmail items typically arrive more quickly than surface mail, and usually cost more to send. Airmail may be the ...
. Following the overthrow of France and the Low Countries in May 1940, the British instigated full terminal mail censorship but the Irish were unable to look at more than about 10% due to the enormous staff this would have required. Covert censorship of mail between Northern Ireland and the south was effected by warrants obtained by G2, who also obtained warrants from the Minister for Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
for internal mail oversight.
The military internees, British, German and a few of other nationalities, held in the Curragh Camp
The Curragh Camp ( ga, Campa an Churraigh) is an army base and military college in The Curragh, County Kildare, Ireland. It is the main training centre for the Defence Forces (Ireland), Irish Defence Forces and is home to 2,000 military personnel ...
had their mail censored, even local mail, though they are known to have posted their letters outside the camp to try to evade the camp oversight. IRA internees' mail was also censored under the Offences against the State Act
Offense or offence may refer to:
Common meanings
* Offense or crime, a violation of penal law
* An insult, or negative feeling in response to a perceived insult
* An attack, a proactive offensive engagement
* Sin, an act that violates a known m ...
that had been in place since June 1939.
The Border Campaign led to the internment of IRA members, again under the Offences against the State Act, and their mail was overtly censored between 1957 and 1960 most often with an Irish language censor mark reading ''Ceadaithe ag an gCinsire Mileata'' applied to the outside of the letter
Letter, letters, or literature may refer to:
Characters typeface
* Letter (alphabet), a character representing one or more of the sounds used in speech; any of the symbols of an alphabet.
* Letterform, the graphic form of a letter of the alphabe ...
and also to the sheets contained within. In the 1980s mail from IRA members imprisoned in Limerick and likely also Portlaoise prisons has been recorded as censored but there is no record of civilian mail censorship since 1945.
Unusual omissions
Music
Music videos
A music video is a video of variable duration, that integrates a music song or a music album with imagery that is produced for promotional or musical artistic purposes. Modern music videos are primarily made and used as a music marketing device ...
are exempt from film classification, whereas in the UK, they must be classified. Broadcasters usually use their discretion and obey the UK classifications and showing-time restrictions. Ireland receives all of the UK music channels, which are subject to UK music video laws; with the only Irish regulated broadcaster regularly showing music videos being Channel 6 or City Channel
City Channel was an Irish television network that began broadcasting in October 2005, which focused primarily on local and regional television. It operated three stations: City Channel Dublin, City Channel Galway, and Channel South. The channel ...
. However, for several years TV3 ran a late-night music programme, which quite often showed uncensored music videos containing large amounts of nudity.
References to records or songs being "banned" in Ireland refer to one or more radio stations refusing to play the songs rather than any legislative ban, although before 1989 it may have been a moot point
The terms moot and mootness are used in both in English and American law, although with different meanings.
In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or even ...
given that the only legal broadcasting stations in Ireland were those operated by state broadcaster RTÉ
(RTÉ) (; Irish language, Irish for "Radio & Television of Ireland") is the Public broadcaster, national broadcaster of Republic of Ireland, Ireland headquartered in Dublin. It both produces and broadcasts programmes on RTÉ Television, telev ...
. In the 1930s there was even a short-lived airplay ban on an entire ''genre'' of music known as the "ban on Jazz" (with an exceptionally wide definition of what constituted "jazz"). Such bans only served to further increase listenership to foreign radio stations (such as Radio Luxembourg
Radio Luxembourg was a multilingual commercial broadcaster in Luxembourg. It is known in most non-English languages as RTL (for Radio Television Luxembourg).
The English-language service of Radio Luxembourg began in 1933 as one of the earlies ...
and the BBC #REDIRECT BBC #REDIRECT BBC
Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
along with the original version of the album ''Ordinary Man'' on which it appeared has apparently never been overturned.
In late 2017 RTÉ's Irish language station
rap duo KNEECAP from an afternoon programme's playlist due to the song's "drug references and cursing".
Unlike most other countries, the Film Censors Office have little involvement in video game censorship. This led to an unusual situation where in the 1990s the UK-owned
'' which was a victim of censorship in the UK, whilst Irish owned stores sold the uncut versions imported from the United States. Games may only be banned if the Film Censor judges that it is unfit for viewing, which has happened once to date, with the banning of ''
'' on 18 June 2007, over two weeks before its launch date of 6 July.
Ireland is a member of
, but places no legal powers on its age recommendations. Retailers may attempt to enforce them at their discretion.
was an act "to provide for the official censoring of cinematographic pictures and for other matters connected therewith". It established the office of the Official Censor of Films and a Censorship of Films Appeal Board (and see
). It was amended by the Censorship of Films (Amendment) Act 1925, in connection with advertisements for films. It was amended by the Censorship of Films (Amendment) Act 1930 to extend the legislation to "vocal or other sounds" accompanying pictures.
*The
was appointed in 1926 to report on the effectiveness of the censorship laws. It concluded that the then-current censorship laws were inadequate, and that the government had a duty to ban "morally corrupting" literature.
*The Censorship of Publications Act 1929 was an act "to make provision for the prohibition of the sale and distribution of unwholesome literature and for that purpose to provide for the establishment of a censorship of books and periodical publications, and to restrict the publication of reports of certain classes of judicial proceedings and for other purposes incidental to the matters aforesaid". It established the Censorship of Publications Board. A book caught by the act was one that "in its general tendency indecent or obscene ... or ... advocates the unnatural prevention of conception or the procurement of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such prevention or such miscarriage".
*The
dealt with the preservation of the State in time of war and contained provisions relating to the censorship of communications,
, newspapers and periodicals
*The Censorship of Publications Act 1946 repealed a large part of the 1929 act and was "to make further and better provision for the censorship of books and periodical publications". Periodicals caught by the act included issues that "have devoted an unduly large proportion of space to the publication of matter relating to crime".
*The Censorship of Publications Act 1967 provided for prohibition orders made on the grounds of indecency or obscenity to expire after a period of twelve years. A further prohibition order could then be made by the Censorship of Publications Board in respect of the same book.
*The Health (Family Planning) Act 1979 deleted references to "the unnatural prevention of conception" in the Censorship of Publications Act 1929 and the Censorship of Publications Act 1946.
*The Regulation of Information (Services Outside the State for Termination of Pregnancies) Act 1995 modified the effect of the Censorship of Publications Acts 1929 to 1967 in respect of certain information likely to be required by a woman to avail herself of "services provided outside the State for the termination of pregnancies". However, the information in question must not advocate or promote the termination of pregnancy.
*The Defamation Act 2009 which defines such offences.
repealed
**(a) sections 16 and 17 (1) of the Censorship of Publications Act 1929;
**(b) sections 7 (b) and 9 (1)(b) of the Censorship of Publications Act 1946;
**(c) section 10 of the Health (Family Planning) Act 1979;
**(d) the Regulation of Information (Services outside the State for Termination of Pregnancies) Act 1995.
*The Blasphemy (Abolition of Offences and Related Matters) Act 2019 which
**(a) amended section 7 (2)(a)(ii) of the Censorship of Films Act 1923;
**(b) amended section 3 (2) of the Censorship of Films (Amendment) Act 1925;
**(c) repealed sections 36 and 37 of the Defamation Act 2009.
:
** "censorship of publications board" (most years 1946–1981)
** "Film Censor" (1990–2008) and "Irish Film Classification Office" (since 2009)