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Censorship in the Republic of Ireland

  • 25 min read
  • 6 chapters

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Overview

Freedom of speech 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 (an agency of the Department of Justice, Home Affairs and Migration); the Irish Film Classification Office which deals with film, video and occasionally computer games (also an agency of the Department of Justice, Home Affairs and Migration); and the broadcasting regulator Coimisiún na Meán which deals with electronic media like radio, television and the internet (an agency of the Department of Culture, Communications and Sport).

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.

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