Censorship in the Republic of Ireland
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, among others. In the early years of the state, censorship was more widely enforced, particularly in areas that were perceived to be in contradiction of Catholic dogma, including abortion, sexuality and homosexuality. The church had banned many books and theories for centuries, listed in the Index Librorum Prohibitorum.
Overview
is protected by Article 40.6.1 of the Irish constitution, which says "The right of the citizens to express freely their convictions and opinions". However the article qualifies this right, providing that it may not be used to undermine "public order or morality or the authority of the State". Furthermore, the constitution explicitly requires that the publication of "seditious, or indecent matter" be a criminal offence. The scope of the protection afforded by this Article has been interpreted restrictively by the judiciary, largely as a result of the wording of the Article, which qualifies the right before articulating it. Indeed, until an authoritative pronouncement on the issue by the Supreme Court, many believed that the protection was restricted to "convictions and opinions" and, as a result, a separate right to communicate was, by necessity, implied into Article 40.3.2.Under the European Convention on Human Rights Act 2003, all of the rights afforded by the European Convention serve as a guideline for the judiciary to act upon. The act is subordinate to the constitution.
Censorship in the country is primarily managed by three bodies; the Censorship of Publications Board which deals with written media like newspapers, magazines and books ; the Irish Film Classification Office which deals with film, video and occasionally computer games ; and the broadcasting regulator Coimisiún na Meán which deals with electronic media like radio, television and the internet.
Due to the country's geographic and cultural closeness to the United Kingdom, Ireland has considerable strong access to the British media. This is especially true in broadcasting media which easily spills over to Ireland, which enables many in the country to watch or listen many major British broadcasters like the BBC and ITV. In due course, regulations regarding censorship in the UK are indirectly enabled in Ireland.
In terms of press freedom, Ireland is noted highly on the Press Freedom Index. The country is ranked Good over the last five years, and is currently in 2024 ranked eighth.
Current censorship
Film
The Irish Film Classification Office, previously known as the Irish Film Censors Office until 2008, heavily cut films and videos for rental release, or placed high age ratings on them. In 2000 The Cider House Rules 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, and must be truthful and factually accurate. In addition, adverts for illegal services are not allowed. The ASA 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 ASA some advertisers choose to continually ignore its rulings by running controversial advertisements purely to draw attention to their products and services.Newspapers, magazines and news websites
Whilst still theoretically censorable, newspapers and magazines are free to publish anything which does not break Ireland's tough libel or contempt of court laws. The Censorship of Publications Board reviews newspapers and magazines referred to it by the Revenue Commissioners and by members of the public. Until the late 1980s a large number of newspaper and magazines were banned in Ireland including Playboy and the News of the World. ''PlayboyThe 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 naturist magazine Health and Efficiency. A large proportion of the banning orders date from the 1950s or before; and a similar proportion cover true crime publications, a type which were once illegal due to a perceived risk of glorifying or encouraging criminal behaviour. In 2011, softcore pornographic magazine publisher Paul Raymond Publications successfully appealed against the ban on five of their publications; Mayfair, Escort, Club International, Razzle and Men Only, one of which, Razzle'' has been banned since 1935, and these publications can now be freely sold.
The press in Ireland is however self-regulated by its own ombudsman, the Press Council of Ireland. The Press Council is a voluntary industry body, that regulates all major newspapers, magazines and news websites. However, it has no statutory powers and has no power to remove a publication from circulation.
Pornography
Pornography that includes any participants being beneath the Irish age of consent 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 the telephone network can be prosecuted under the Post Office 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 may prohibit the sale and distribution of books and periodicals if they are found to be obscene. In the 1960s, Roman Catholic Archbishop of Dublin John Charles McQuaid lobbied the Irish government to have pornography banned outright.The government-controlled IE Domain Registry 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.
Music
In general, music is not censored in Ireland although broadcasters follow the ombudsman Coimisiún na Meán broadcasting rules regarding language and suitability when broadcasting on the radio. For example, in 2017 radio station RTÉ Raidió na Gaeltachta removed the track "C.E.A.R.T.A" by the Belfast Irish language rap group Kneecap from an afternoon programme's playlist due to the song's "drug references and cursing".In the past, 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 given that the only legal broadcasting stations in Ireland were those operated by state broadcaster RTÉ. In the 1930s there was even a short-lived airplay ban on an entire genre of music known as the "ban on Jazz". Such bans only served to further increase listenership to foreign radio stations in Ireland, and led to the growth of Irish pirate radio.
The song "They Never Came Home" on the album Ordinary Man by Christy Moore which was released in 1984, was banned on grounds of contempt of court by a judge of the High Court on 9 August 1985. It wasn't overturned until the album was re-released by his record company in 2004.
In 2003, the Irish national carrier Aer Lingus dropped a playlist of Irish rebel songs that was offered for its passengers, after a complaint from the UUP politician Roy Beggs, saying it was offensive to Northern Irish unionists.
Books
Like magazines and newspapers, books can be banned by the Censorship of Publications Board which can ban publications based on obscenity or indecency. The most notable ban was the novel The Tailor and Ansty by the author Eric Cross which was questioned in the Seanad by senator Sir John Keane on its banning in 1942. Book bans were significantly reduced when the authority of the Index Librorum Prohibitorum was abolished in 1966. A year later, the ban was changed so it only lasted twelve years instead of indefinitely, although it could be renewed. In 2010, the last series of book bans were finished as the previously bans have completed their twelve-year limitation. Since March 2016 the Censorship of Publications Board has issued a book ban for The Raped Little Runaway by Jean Martin due to repeat references of raping a ten-year-old minor. In February 2017, a man from County Clare was charged with possession of book in question, making the first such charge in twenty years.While Irish novel Ulysses was censored in the U.S. between 1921 and 1934, and the UK between 1922 and 1936, the Censorship of Publications Board never banned it. When the British government in 1985 censored the publication of the memoirs of the MI5 spy Peter Wright in Spycatcher on the grounds of national security, it was not applicable in Ireland and the controversy made the book a bestseller.
Radio and television broadcasting
Broadcasting in Ireland is regulated by the Coimisiún na Meán, known as the Broadcasting Authority of Ireland until 2023. It is the body that is authorised to regulated what can be broadcast on radio and TV on behalf of the Department of Culture, Communications and Sport. All three major TV companies; RTÉ, Virgin Media Television and TG4 have editorial guidelines. News, current affairs programmes and chat shows are like newspapers, in that they are pretty much free to broadcast on anything, provided they don't break Ireland's strict libel and contempt of court laws. They are also required to be objective and broadcast a range of political viewpoints. Television companies since 2005 voluntary have put a watershed of 9pm, in which programming for a mature audience can be shown. A significant quantity of audio-visual media in Ireland comes directly or indirectly from the United Kingdom, and as such it is subject to British regulation and censorship. British audio-visual media is not regulated by Coimisiún na Meán, but by Ofcom.In January 2014 in an incident known as Pantigate, during an interview on the RTÉ One talk show The Saturday Night Show, the host Brendan O'Connor was discussing homophobia with well known drag queen Rory O'Neill. O'Neill commented that, in his opinion, the religious think tank the Iona Institute and two conservative journalists, John Waters and Breda O’Brien, were homophobic. The three parties collectively threatened RTÉ with libel action, and forced the broadcaster to remove the clip from the catch-up service RTÉ Player. RTÉ settled the three parties with an 85 thousand euro pre-court settlement. Nevertheless, the settlement itself was harshly criticised by members of Oireachtas, especially civil rights campaigner senator David Norris and MEP Paul Murphy. RTÉ's head of television defended the pay-out stating that it saved RTÉ "an absolute multiple" in the long term.