Prohibition of Incitement To Hatred Act, 1989
Broadcasts likely to stir up hatred.
3.—(1) If an item involving threatening, abusive or insulting visual images or sounds is broadcast, each of the persons mentioned in subsection (2) is guilty of an offence if he intends thereby to stir up hatred or, having regard to all the circumstances, hatred is likely to be stirred up thereby.
(2) The persons referred to in subsection (1) are:
(a) the person providing the broadcasting service concerned,
(b) any person by whom the item concerned is produced or directed, and
(c) any person whose words or behaviour in the item concerned are threatening, abusive or insulting.
(3) In proceedings against a person referred to in paragraph (a) or (b) of subsection (2) for an offence under this section, if the person is not shown to have intended to stir up hatred, it is a defence for him to prove—
(a) that he did not know and had no reason to suspect that the item concerned would involve the material to which the offence relates, or
(b) in a case other than one to which paragraph (a) relates, that, having regard to the circumstances in which the item was broadcast, it was not reasonably practicable for him to secure the removal of the material aforesaid.
(4) In proceedings against a person referred to in subsection (2) (b) for an offence under this section, it is a defence for the person to prove that he did not know and had no reason to suspect—
(a) that the item would be broadcast, or
(b) that the circumstances in which the item would be broadcast would be such that hatred would be likely to be stirred up.
(5) In proceedings against a person referred to in subsection (2) (c) for an offence under this section, it is a defence for the person to prove that he did not know and had no reason to suspect—
(a) that an item involving the use of the material to which the offence relates would be broadcast, or
(b) that the circumstances in which such an item would be broadcast would be such that hatred would be likely to be stirred up.
(6) In proceedings for an offence under this section, it is a defence for the person charged to prove that he did not know, and had no reason to suspect, that the material to which the offence relates was threatening, abusive or insulting.
(7) In any proceedings for an offence under this section alleged to have been committed in respect of an item—
(a) a script on which the item was based shall be evidence of what was included in the item and of the manner in which the item or any part of it was performed, and
(b) if such a script is given in evidence on behalf of any party to the proceedings, then, except in so far as the contrary is shown, whether by evidence given on behalf of the same or any other party, the item shall be taken to have been performed in accordance with that script.
(8) (a) If a member of the Garda Síochána not below the rank of superintendent has reasonable grounds for suspecting—
(i) that an offence under this section has been committed by a person in respect of an item included in a broadcast, or
(ii) that an item is to be so included and that an offence under this section is likely to be committed by a person in respect of the item,
he may make an order in writing under this section authorising any member of the Garda Síochána—
(I) at any time or times within one month from the date of the making of the order, on production if so requested of a copy of the order, to require any person named in the order to produce, if such a thing exists—
(A) a script on which the item aforesaid was or, as the case may be, will be based, or
(B) a recording of any matter which was or, as the case may be, will be included in the item,
(II) if the script or recording is produced to him, to require the person to afford him an opportunity of causing a copy thereof to be made.
(b) An order under this subsection shall be signed by the person by whom it is made, shall name the person to whom it is directed and shall describe the item to which it relates in a manner sufficient to enable the item to be identified.
(c) Any person who without reasonable excuse fails or refuses to comply with a requirement made pursuant to an order under paragraph (a) shall be guilty of an offence.
(d) Where, in the case of an item based on a script, a copy of a script on which the item was based has been made by or on behalf of a member of the Garda Síochána by virtue of an order under this subsection relating to the item, subsection (7) shall apply in relation to that copy as it applies in relation to a script on which the item was based; and a document purporting to be a copy of the script and to be signed by the member shall be deemed, for the purposes of this section, to be such a copy and to be so signed unless the contrary is shown.
(e) Nothing done under this subsection or in pursuance of an order under this subsection or the use of a script or recording such as aforesaid or a copy thereof exclusively for the purposes of the enforcement of this section shall constitute—
(i) an infringement of the copyright of any work, sound recording, cinematograph film or television or sound broadcast, or
(ii) an offence under any of the provisions of the Performers' Protection Act, 1968 .
(9) In this section “script”, in relation to an item, means the text of the item (whether expressed in words or in musical or other notation) together with any directions for its performance, whether contained in a single document or not.