Censorship of Publications Board (Ireland)

On 2 October 1925 the Minister for Justice, Kevin O'Higgins stated in Dáil Éireann that the existing censorship laws were sufficient to deal with the sale and distribution of obscene literature, and that it was not the State's duty to decide what was proper for the Irish public to read. However, public pressure caused O'Higgins to appoint a Committee on Evil Literature to determine whether it was necessary to extend the government's existing censorship powers so that public morality could be safeguarded. The committee, initially consisting of a professor of English literature, two members of parliament, a Church of Ireland clergyman and a Roman Catholic priest, heard submissions from individuals, organisations and institutions, including religious and social institutions. Its report, which expressed dissatisfaction with the existing laws, was presented to the minister on 28 December 1926. The Committee concluded that it was the Irish state's duty to prevent the circulation of publications that were considered to be obscene and morally corrupting. The Committee proposed the introduction of new legislation and the establishment of a censorship board to advise the minister on which publications should be prohibited. == The Board ==

The Censorship of Publications Act 1929 established the Censorship of Publications Board. The Censorship of Publications Board can examine any book or periodical that is for sale in Ireland. A publication found to be obscene can be prohibited, making its buying, selling or distribution in Ireland illegal. A prohibition can be appealed to the Censorship of Publications Appeal Board. The Censorship of Publications Board and the Censorship of Publications Appeal Board have five members each, serving five-year terms unpaid. The members of both boards are appointed by the Minister for Justice, Home Affairs and Migration, but both boards are independent authorities and no minister has power over their decisions. Rules The Censorship of Publications Board examines any book or periodical referred to it by a Customs and Excise officer or by a member of the public. It can also examine any such publication on its own initiative. If the Board finds that a publication is obscene, it can be prohibited for a period of time. During this period any buying, selling or distribution of the publication in Ireland is banned. Every member of the board must read the publication in question before deciding whether to prohibit it. For a book to be prohibited, at least three members of the Board must agree with the decision and only one member can dissent. If a prohibition is passed, it comes into effect as soon as it is announced in Iris Oifigiúil, Ireland's official gazette. A book can be prohibited by the Censorship of Publications Board if they consider it to be indecent or obscene. A periodical can be prohibited if it is considered to be frequently or usually indecent or obscene, or if the Board is of the opinion that an unduly large proportion of space in the periodical is given to matters related to crime. A book or periodical may also be prohibited if the Board considers that it advocates abortion or ways of carrying out abortions. Most of the publications considered by the Board have been reported because of obscenity. When considering a book, the Board measures its literary, scientific and historical merit and takes note of its general tenor, the language in which it is written, and its likely circulation and readership. A prohibition order on a book lasts for a period of twelve years. A first prohibition order on a periodical is for a period of three, six or twelve months, depending on how often it is published. A second or subsequent prohibition order on a periodical causes it to be permanently banned. A prohibition order can be appealed against by the author, editor or publisher of the book, the publisher of the periodical or any five members of the Oireachtas. A person convicted of possessing prohibited publications is liable for a fine of €63.49 or six months imprisonment. == History ==

Censorship of Publications Act 1929 The laws enacted by the Censorship of Publications Act, 1929 were introduced in an era of political isolationism and cultural and economic protectionism. A main aim of the new legislation was to prevent the introduction of "unwholesome" foreign influences such as materialism, consumerism and immorality. Irish writers who were found offensive were officially regarded as agents of decadence and social disintegration who were striking at the roots of family life and moral decency. For example, Father P.J. Gannon thought that the Act was "but a simple measure of moral hygiene, forced upon the Irish public by a veritable spate of filth never surpassed". He thought that all literature must provide "noble ground for noble emotion". President Éamon de Valera felt that the arts in Ireland were to be encouraged when they observed the "holiest traditions", but should be censored when they failed to live up to this ideal. Although they were exactly the type of Irish people romanticised by de Valera, their real-life language was too broad and racy for the Censorship Board. Many important works of literature continued to be banned by the Board, including East of Eden by John Steinbeck, The Heart of the Matter by Graham Greene and The African Queen by C. S. Forester. The High Court lifted the ban, stating that its publishers should have been given the opportunity to state their case before the Board before the ban was implemented. Between 2000 and January 2018 a total of 34 periodicals and 11 books were referred to the board, of which 7 publications (all in 2003) were prohibited, and one book:The Raped Little Runaway, for containing "numerous explicit descriptions of the rape of a child", the first book banned since 1998. ==Criticisms==

The Censorship of Publications Act 1967 remains in force. Some current criticisms of the board include the fact that its meetings are held in secret, that all complaints must be considered by the board (for example, the Bible had to be considered when it was submitted in 1988), and that the board operates generally on the basis of standards and criteria that are vague and ill-defined. A thoroughly researched critical study by Michael Adams, Censorship: The Irish Experience, was published in 1968 by the University of Alabama Press. ==See also==