S.I. No. 254/1946 - Censorship of Publications Act, 1946. Regulations, 1946.


STATUTORY RULES AND ORDERS. 1946. No. 254.

CENSORSHIP OF PUBLICATIONS ACT, 1946. REGULATIONS, 1946.

I, GERALD BOLAND, Minister for Justice, in exercise of the powers conferred on me by section 20 of the Censorship of Publications Act, 1946 (No. 1 of 1946), hereby make the following regulations :

1. These regulations may be cited as the Censorship of Publications Act, 1946 , Regulations, 1946.

2. In these regulations the expression " the Act " means the Censorship of Publications Act, 1946 (No. 1 of 1946).

3. A complaint made under section 6 of the act in respect of a book shall be in form A in the Schedule hereto, and shall be accompanied by a copy of the book.

4. A complaint made under section 9 of the act in respect of a periodical publication shall be in form B in the Schedule hereto, and shall be accompanied by a copy of each of not less than three recent issues of the periodical publication.

5. A prohibition order made under section 7 of the act in respect of a book shall be in form C in the Schedule hereto.

6. A prohibition order made under section 9 of the act in respect of a periodical publication shall be in form D in the Schedule hereto.

7. An appeal under section 8 of the act in respect of a book shall be in form E or form F in the Schedule hereto (whichever is appropriate) and shall be accompanied by six copies of the book.

8. An application under section 10 of the act in respect of a periodical publication shall be in form G or form H in the Schedule hereto (whichever is appropriate). The applicant shall furnish to the Appeal Board such copies of issues of the periodical publication as they may reasonably require.

9. An order of the Appeal Board revoking or varying a prohibition order in respect of a book shall be in form I in the Schedule hereto.

10. An order of the Appeal Board revoking or varying a prohibition order in respect of a periodical publication shall be in form J in the Schedule hereto.

11. A form of complaint or prohibition order set out in the Schedule hereto may relate to any number of books or periodical publications and, where such form relates to more than one book or periodical publication, the appropriate modifications may be made therein.

12. An appellant or applicant to the Appeal Board may submit, in addition to the prescribed form, a written statement of the grounds upon which the appeal or application is based. The Appeal Board may, if they think fit, afford to any person an opportunity to appear before the Board and make oral submissions in relation to an appeal or application to the Board.

13. The Register of Prohibited Publications shall be in two parts, one relating to books and the other relating to periodical publications. The part relating to books shall be in form K in the Schedule hereto. The part relating to periodical publications shall be in form L in the Schedule hereto.

14. The Register of Prohibited Publications shall be open to inspection, free of charge, by any person at the Office of the Censorship of Publications Board at 5. Ely Place, in the City of Dublin, between the hours of 11 o'clock in the morning and 4 o'clock in the afternoon, on every week-day other than Saturday or a public holiday.

15. The fee payable for a copy of an entry in the Register of Prohibited Publications, certified in accordance with subsection (7) of section 16 of the act, shall be one shilling.

SCHEDULE

A.

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

COMPLAINT REGARDING A BOOK.

To the Censorship of Publications Board.

I (insert name and address)

hereby complain that (insert name of book and, if a particular edition is complained of, insert description)

(a) is indecent or obscene;

(b) 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 procurement.

I enclose a copy of the said book.

I refer particularly to the passages marked on pages...........................in support of my view.

Signature ..................................

Date .......................................

Strike out any ground of complaint which is not relied upon.

B

CENSORSHIP OF PUBLICATIONS ACT, 1946

COMPLAINT REGARDING A PERIODICAL PUBLICATION

To the Censorship of Publications Board.

I (insert name and address)

hereby complain that the issues of (insert name of Periodical) recently published have

(a) usually or frequently been indecent or obscene;

(b) advocated 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 procurement;

(c) devoted an unduly large proportion of space to the publication of matter relating to crime.

I enclose a copy of each of the issues of the said publication published on (insert dates).

I refer particularly to the passages marked on pages ............................... in support of my view.

Signed ............................................................ .........

Date ............................................................ .............

Note.—A copy of each of not less than three recent issues of the periodical must be furnished with the complaint.

Strike out any ground of complaint which is not relied upon.

C.

CENSORSHIP OF PUBLICATIONS ACT, 1946

WHEREAS the Censorship of Publications Board have, in accordance with section 6 of the Censorship of Publications Act, 1946 , examined the book described in the Schedule hereto and whereas the Board are of opinion that the said book—

*(a) is indecent or obscene

*(b) 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 procurement

and that for the said reason (or reasons) the sale and distribution in the State of the said book should be prohibited, and whereas at a meeting of the Board held on the............................................................ ... and attended by not less than four members, three at least of the members voted in favour of the making of a prohibition order in respect of the said book and not more than one member voted against it,

NOW the Censorship of Publications Board, in exercise of the powers conferred on them by section 7 of the Censorship of Publications Act, 1946 , do hereby prohibit the sale and distribution in the State of the said book.

SCHEDULE.

Signed by order of the Board.

............................................................ ....

Chairman (or Member) of the Board.

............................................................ ..

Secretary.

(*Delete (a) or (b) if not appropriate).

D.

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

WHEREAS a complaint, in the prescribed manner, has been made to the Censorship of Publications Board in respect of the periodical publication described in the Schedule hereto, and whereas the Board, having examined the issues recently theretofore published of the said periodical publication are of opinion that the said issues—

*(a) have usually or frequently been indecent or obscene,

*(b) have advocated 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 procurement,

*(c) have devoted an unduly large proportion of space to the publication of matter relating to crime

and that for that reason (or those reasons) the sale and distribution in the State of the said issues and future issues of the said periodical publication should be prohibited, and whereas at a meeting of the Board held on the....................and attended by not less than four members, three at least of the members voted in favour of the making of a prohibition order in respect of the said periodical publication and not more than one member voted against it,

NOW the Censorship of Publications Board in exercise of the powers conferred on them by section 9 of the Censorship of Publications Act, 1946 , do hereby prohibit the sale and distribution in the State of any issue of the said periodical publication on or after the..............................

SCHEDULE.

Signed by order of the Board.

............................................................ ....

Chairman (or Member) of the Board.

............................................................ 

Secretary.

(*Delete (a), (b) or (c) if not appropriate).

E.

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

APPEAL IN RESPECT OF A PROHIBITED BOOK BY THE AUTHOR, EDITOR OR PUBLISHER.

To the Censorship of Publications Appeal Board,

I..............................of............................... being the author/editor/publisher of the book entitled....................... in respect of which a prohibition order, published in the Iris Oifigiúil, on the.........................day of.................................... 19 ......... is in force, do hereby appeal to the Censorship of Publications Appeal Baord from the prohibition order in respect of the said book.

Signature......................................................

Date ............................................................ 

Note :—A sum of £5 should be deposited with the Secretary of the Appeal Board when an appeal is lodged.

F.

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

APPEAL IN RESPECT OF PROHIBITED BOOK BY FIVE MEMBERS OF THE OIREACHTAS.

To the Censorship of Publications Appeal Board.

We, the undersigned, being members of the Oireachtas, do hereby appeal from the prohibition order which was published in the Iris Oifigiúil on the..........................................19 , in respect of the book entitled ............................................................ ............................................................ ...................................................

............................................................ .........................by............................................................ ....................................

Signature............................................................ ....................

............................................................ ....................

............................................................ ....................

............................................................ ....................

............................................................ ....................

Date............................................................ ..................

Note :—Each person should indicate after his signature whether he is a member of Dáil Éireann or of Seanad Éireann.

G.

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

APPLICATION TO APPEAL BOARD IN RESPECT OF A PROHIBITED PERIODICAL PUBLICATION BY THE PUBLISHER.

To the Censorship of Publications Appeal Board.

I..............................of................................. being the publisher of the prohibited periodical publication entitled ............................................................ .. do hereby apply to the Censorship of Publications Appeal Board to—

(a) revoke the prohibition order in respect of the said periodical publication, or

(b) vary the prohibition order in respect of the said periodical publication so as to exclude from the application of the order the following editions or issues of the said periodical publication :

Signature................................

Date.....................................

Note :— of £5 should be deposited with the Secretary of the Appeal Board when an application is lodged.

Strike out (a) or (b) if not appropriate.

H.

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

APPLICATION TO APPEAL BOARD IN RESPECT OF A PROHIBITED PERIODICAL PUBLICATION BY FIVE MEMBERS OF THE OIREACHTAS.

To the Censorship of Publications Appeal Board.

We, the undersigned, being members of the Oireachtas, do hereby apply to the Censorship of Publications Appeal Board to—

(a) revoke the prohibition order in respect of the prohibited periodical publication entitled............................................ published by............................................................ ..............

............................................................ ............................................................ .............................., or

(b) to vary the prohibition order in respect of the prohibited periodical publication entitled............................................................ ............................................................ .......................

published by............................................................ ............................................................ ............

............................................................ ............................................................ .....................................

so as to exclude from the application of the said order the following editions or issues of the said periodical publication :—

Signature............................................................ .......

............................................................ .......

............................................................ .......

............................................................ .......

............................................................ .......

Date............................................................ ......

Note—Each person should indicate after his signature whether he is a member of Dáil Éireann or Seanad Éireann.

Strike out (a) or (b) if not appropriate.

I.

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

WHEREAS an appeal under section 8 of the Censorship of Publications Act, 1946 , has been made to the Censorship of Publications Appeal Board in respect of the book described in the Schedule hereto, and whereas at a meeting of the said Board held on the....................................and attended by at least four members, three at least of the members voted in favour of the revocation (or variation) of the prohibition order in respect of the said book,

NOW the Censorship of Publications Appeal Board in exercise of the powers conferred on them by section 8 of the Censorship of Publications Act, 1946 , do hereby

*(a) revoke the prohibition order in respect of the said book;

*(b) vary the prohibition order in respect of the said book so as to exclude from the application of the said order the following editions of the said book :

SCHEDULE.

Name of Book

Edition or Editions to which Prohibition Order relates

Name of Author

Name of Publisher

Date of publication of Prohibition Order in Iris Oifigiúil

If and as stated in book

Signed by order of the Board.

............................................................ .....

Chairman (or Member) of the Board.

............................................................ .......

Secretary.

(*Delete (a) or (b).)

J.

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

WHEREAS an application under section 10 of the Censorship of Publications. Act, 1946, has been made to the Censorship of Publications Appeal Board in respect of the periodical publication described in the Schedule hereto, and whereas at a meeting of the said Board held on the...............................and attended by at least four members, three at least of the members voted in favour of the revocation (or variation) of the prohibition order in respect of the said periodical publication,

NOW the Censorship of Publications Appeal Board in exercise of the powers conferred on them by Section 10 of the Censorship of Publications Act, 1946 , do hereby

(a) revoke the prohibition order in respect of the said periodical publication;

(b) vary the prohibition order in respect of the said periodical publication so as to exclude from the Application of the said order the following editions or issues of the said periodical publication :—

SCHEDULE.

Name of Publication

Name Proprietor

Name of Publisher

Date of Publication of Prohibition Order in Iris Oifigiúil

If and as stated in publication

Signed by Order of the Board.

............................................................ .......

Chairman (or Member) of the Board.

............................................................ .........

Secretary.

K

REGISTER OF PROHIBITED PUBLICATIONS.

(BOOKS)

Name of Book

Edition or Editions to which Prohibition Order relates

Name of Author

Name of Publisher

Date of Prohibition Order

Date of Publication of Prohibition Order in Iris Oifigiúil

Particulars of any amending or revoking Order

If and as stated in book

L.

REGISTER OF PROHIBITED PUBLICATIONS

(PERIODICAL PUBLICATIONS).

Name of Publication

Name of Proprietor

Name of Publisher

Date of Prohibition Order

Date of Publication of Prohibition Order in Iris Oifigiúil

Particulars of any amending Order

Date of Expiration (if any) of Prohibition Order

If and as stated in publication

GIVEN under my Official Seal, this 6th day of July, 1946.

(Signed) GERALD BOLAND.

Minister for Justice.