Censorship

Freedom of Expression

The 1922 Constitution provided for freedom of expression but limited this right with reference to public morality. Article 40.6.1 of the current 1937 Constitution protects the right of the citizens to express freely their convictions and opinions. It provides that

The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State. The publication or utterance of seditious or indecent matter is an offence which shall be punishable in accordance with law.

Until 2018, blasphemy was also required to be an offence.

What constitutes a breach of standards of decency and public morality has evolved significantly since the State’s early days.

Censorship of Films

The Cinematographers Act 1909 provided for the licensing of cinemas and regulation of film production, giving local authorities the power to censor motion pictures. The Censorship of Films Act 1923 established a national system of film censorship.

A certificate is required. The censorship authority provides age ratings and categorises films to reflect appropriate age groups for viewing.

A certificate could be refused if the film was deemed indecent, obscene, blasphemous, or otherwise offensive to public morality. The application of the legislation has been relaxed over time.

Censorship legislation applies solely to cinema films and does not cover broadcast television or the Internet. Broadcast television is regulated by broadcasting legislation, though its application is somewhat outdated.

Modern Film Classification

Under the Censorship of Films Act, films cannot be publicly shown unless certified. The Video Recordings Act of 1989 extends this censorship to digital media, covering serious visual content, including depictions of extreme violence or cruelty.

The Irish Film Classification Office (formerly the Irish Film Censor’s Office) is responsible for the classification of films, DVDs, and videos. The Office, a self-financing entity, seeks to ensure that distributors comply with certification standards.

The Irish Film Classification Office can deny certification if a film is deemed harmful to children, blasphemous, or offensive to public morality. It may require edits to a film before approval.  The Office maintains a register of films and the details of any cuts made.

An Appeals Board records details of decisions on classification appeals. The Film Appeals Board, appointed by the Minister for Justice and Equality, allows individuals to appeal against a refusal to certify or change a film’s classification. Decisions are final, but films can be resubmitted for classification after seven years.

It is an offence to display publicity material that does not comply with the terms of a film’s certificate. Cinema operators also commit an offence if they allow entry to individuals under the classified age rating. Private film clubs may bypass classification requirements for screenings limited to members.

Broadcasting

The Wireless Telegraphy Act 1926 makes it an offence to transmit indecent, obscene, or subversive material. Broadcasting legislation requires that broadcasters refrain from airing content that offends good taste,  decency or is likely to incite hatred. It also requires procedures to evaluate and analyse material before it is aired.

The Video Recordings Act 1989 extends this legislation to videos and DVDs, with certification refusals possible if content incites hatred or contains obscenity. This legislation classifies videos and DVDs similarly to cinema films. There is provision for appeals to allow requests to reclassify films via the Film Appeals Board.

The Broadcasting Act 2001 prohibits advertisements advocating religious or political causes, especially in industrial disputes. Broadcasting may acknowledge the existence of particular religious newspapers, magazines, or periodicals, though promotional content is prohibited.

The Broadcasting Authority of Ireland regulates advertising standards. The Advertising Standards Authority for Ireland (ASAI) operates a code governing advertising, sponsorship, and promotion across broadcasting services, with specific rules on advertising directed at children and certain products, such as alcohol and medicines.

Broadcasters are required by law to maintain standards of taste and decency, with a code outlining rules for depictions of violence and sexual content. A watershed at 9 p.m. restricts when such content can be aired.

Censorship of Books

The Censorship of Publications Act 1929 established censorship of books and written materials. The Censorship of Publications Board can examine books or other publications on its initiative or upon receiving complaints from the public.

The Board may review recent issues of periodicals and future publications if a complaint is filed. Prohibitions on publications are now relatively rare.

Publications inciting crime or promoting obscenity can be banned. When evaluating a publication, the Board considers its literary, artistic, scientific, or historical merit, along with its intended audience. The Board also considers materials’ literary, scientific, and historical merit, as well as their language, audience, and general tone.

If deemed indecent, obscene, or excessively focused on crime, the Board may prohibit the sale and distribution of the material in the State. The Customs Consolidation Act and the Post Office Act empowered authorities to block the importation of indecent publications.

The Gardaí have the authority to search for and seize banned books or periodicals, and penalties for possession of prohibited materials include fines and imprisonment. The register of prohibited publications is public and lists currently banned work. Historically, censorship laws have led to the banning of significant works of literature in Ireland.

Legislation established an appeals body in 1946. The Censorship of Publications Appeal Board, a body of five members, including a judge of the Supreme Court or a senior barrister, can review and potentially overturn censorship orders.

Liberalisation

The Act’s censorship standards were notoriously vague, often depending on the discretion of the ministerially appointed board, which targeted publishers and distributors.The Censorship of Publications Act defined “indecent” material as that which may incite sexual acts or unnatural behaviour.

Prior to 1979, books and periodicals could be banned for advocating indecency. Challenges to the Board’s decisions on procedural fairness were common.

The 1967 Act liberalised the legislation considerably. It limited prohibitions, removing the perpetual nature of censorship orders. Prohibited publications remain banned for twelve years, with possible renewal for additional periods.

Formerly, publications advocating abortion could be banned. The Censorship of Publications Act was amended by the Regulation of Information (Services Outside the State for Termination of Pregnancies) Act 1995, following the 1992 Constitutional Amendment affirming the right to informa

Various

The Prohibition of Incitement to Hatred Act forbids content that incites hatred based on race, nationality, religion, ethnicity, national origin, membership of the Travelling community, or sexual orientation. Possession of such material is also an offence.

The Child Trafficking and Pornography Act was introduced to combat child exploitation. The legislation prohibits books, films, videos, and other media that exploit children or advocate sexual exploitation, with severe penalties for breaches. These provisions apply to activities outside the country as well.

Public indecency offences, though less common today, remain. It is a criminal offence to perform an indecent act in a public space that might reasonably cause offence to others.

A wide range of historic legislation targets indecent publications. Examples include the Indecent Advertisements Act of 1889, the Public Order Act  1994, and the Electoral Act  1992. The latter, as amended, makes it an offence to display any sign or representation that is threatening, abusive, or obscene with the intent to cause a breach of the peace. The Electoral Act also prohibits offensive or obscene content in election advertising.