S.I. No. 292/1980 - Censorship of Publications Regulations, 1980

S.I. No. 292 of 1980.

CENSORSHIP OF PUBLICATIONS REGULATIONS, 1980

I, GERARD COLLINS, 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), and after consultation with the Censorship of Publications Board and the Censorship of Publications Appeal Board, hereby make the following Regulations:—

1. These Regulations may be cited as the Censorship of Publications Regulations, 1980

2. In these Regulations—

"the Act" means the Censorship of Publications Act, 1946 (No. 1 of 1946);

"the Board" means the Censorship of Publications Board;

"the Appeal Board" means the Censorship of Publications Appeal Board.

3. The Censorship of Publications Regulations, 1946 to 1960, are hereby revoked.

4. A complaint made under section 6 of the Act in respect of a book shall—

( a ) be in writing,

( b ) state the reason why the complainant considers that the sale and distribution of the book in the State should be prohibited,

( c ) indicate the passages (if any) in the book upon which the complainant places particular reliance in support of his complaint, and

( d ) be accompanied by a copy of the book

5. A complaint made under section 9 of the Act in respect of a periodical publication shall—

( a ) be in writing,

( b ) state the reason why the complainant considers that the sale and distribution in the State of the issues of the publication which are the subject of the complaint and of future issues of the publication should be prohibited,

( c ) indicate the passages (if any) in the issues of the publication accompanying the complaint upon which the complainant places particular reliance in support of his complaint, and

( d ) be accompanied by a copy of each of not less than three recent issues of the periodical publication.

6. A prohibition order made under section 7 of the Act in respect of a book shall be in the form of Form A in the Schedule hereto.

7. A prohibition order made under section 9 of the Act in respect of a periodical publication shall be in the form of Form B in the Schedule hereto.

8. An appeal under section 8 of the Act in respect of a book shall be in the form of Form C or Form D in the Schedule hereto (whichever is appropriate) and shall, except in the case of such an appeal made by any five persons (each of whom is a member of Dáil Éireann or Seanad Éireann) acting jointly, be accompanied by six copies of the book.

9. An application under section 8(4) of the Act in respect of a book shall be in the form of Form E or Form F in the Schedule hereto (whichever is appropriate) and shall, except in the case of such an application made by any five persons (each of whom is a member of Dáil Éireann or Seanad Éireann) acting jointly, be accompanied by six copies of the book.

10. (1) An application under section 10 of the Act in respect of a periodical publication shall be in the form of Form G or Form H in the Schedule hereto (whichever is appropriate).

(2) The application shall be accompanied by such copies of issues of the periodical publication as the Appeal Board may require.

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

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

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

14. (1) Where the Board decide to communicate with the author, editor or publisher of a book or periodical publication the subject of an examination under the Act, the communication shall be in the form of Form K set out in the Schedule hereto.

(2) Where the Board decide to communicate with the author, editor or publisher of a book or periodical publication the subject of an examination under the Act, it shall not be necessary for the Board to communicate with more than one of those persons unless they are of the opinion that it would be desirable to communicate with another or others.

15. Service of a communication under Regulation 14 of these Regulations may be effected by registered post and in proving service it shall be sufficient for the Board to show that the letter was properly addressed and posted.

16. If after 30 days from the date of the posting of a communication under Regulation 14 of these Regulations, or such longer period as the Board may in a particular case determine and specify, a reply has not been received by the Board to the communication, the Board may consider that the person to whom such communication was addressed has decided not to make any representations to the Board in respect of the Book or periodical publication to which the communication relates.

17. (1) 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.

(2) The Appeal Board may, if they think fit, afford to any person an opportunity to appear before them and make oral submissions in relation to an appeal or application to the Appeal Board.

18. (1) The Register of Prohibited Publications shall be in two parts, one relating to books and the other relating to periodical publications.

(2) The part relating to books shall be in the form of Form L in the Schedule hereto, and the part relating to periodical publications shall be in the form of Form M in the Schedule hereto.

19. 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 in the city of Dublin between the hours of 11 a.m. and 4 p.m. on every week-day other than a Saturday or a day which is a public holiday within the meaning of the Holidays (Employees) Act, 1973 (No. 25 of 1973).

20. The fee payable for a copy of an entry in the Register of Prohibited Publications, certified in accordance with section 16 (7) of the Act, shall be fifty pence.

SCHEDULE

FORM A

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 procurement of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such 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

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

FORM B

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 procurement of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such 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

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

FORM C

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.

Note: As required by section 12 of the Censorship of Publications Act, 1946 , a sum of £5 should be deposited with the Secretary of the Appeal Board when an appeal is lodged.

FORM D

CENSORSHIP OF PUBLICATIONS ACT, 1946

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

To the Censorship of Publications Appeal Board.

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

FORM E

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

APPLICATION IN RESPECT OF A PROHIBITED BOOK BY THE AUTHOR, EDITOR OR PUBLISHER TO VARY A PROHIBITION ORDER

To the Censorship of Publications Appeal Board.

FORM F

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

APPLICATION IN RESPECT OF A PROHIBITED BOOK BY FIVE MEMBERS OF THE OIREACHTAS TO VARY A PROHIBITION ORDER.

To the Censorship of Publications Appeal Board.

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

FORM 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.

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

( 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:

Note: As required by section 12 of the Censorship of Publications Act, 1946 a sum of £5 should be deposited with the Secretary of the Appeal Board when an application is lodged.

FORM 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—

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

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

FORM I

CENSORSHIP OF PUBLICATIONS ACT, 1946

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

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

FORM 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 the exclude from the Application of the said order the following editions or issues of the said periodical publication:-

SCHEDULE

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

FORM K

CENSORSHIP OF PUBLICATIONS ACT, 1946 .

NOTICE TO AUTHOR/EDITOR/PUBLISHER* OF EXAMINATION OF A BOOK/PERIODICAL PUBLICATION* BY THE CENSORSHIP OF PUBLICATIONS BOARD

In pursuance of the powers conferred on them by sections 7 and 9 of the Censorship of Publications Act, 1946 (as amended by the Health (Family Planning) Act, 1979 ), the Censorship of Publications Board propose to determine whether they should make a prohibition order in respect of this book/periodical publication* for the following reason*—

*strike out as appropriate.

( a ) that the book is indecent or obscene,

( b ) that the book advocates the procurement of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such procurement,

( c ) that the issues recently published of the periodical publication (in respect of which a complaint has been duly made to them)—

(i) have usually or frequently been indecent or obscene,

(ii) have advocated the procurement of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such procurement,

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

and you are hereby notified that the Board will consider any representations you may wish to make to them before they make a decision in this case.

If a prohibition order is made in respect of a book/periodical publication* it becomes an offence to import that book/periodical publication* except under and in accordance with a permit or to sell, expose, offer, advertise or keep it for sale in the State. In addition, it would be an offence to distribute such a book/periodical publication* or to offer to keep it for distribution.

*strike out as appropriate.

Censorship of Publications Board,

26 Upper Pembroke Street,

Dublin 2,

Ireland.

FORM L.

REGISTER OF PROHIBITED PUBLICATIONS.

(BOOKS)

FORM M.

REGISTER OF PROHIBITED PUBLICATIONS.

(PERIODICAL PUBLICATIONS)

GIVEN under my Official Seal, this 11th day of September, 1980.

GERARD COLLINS.

EXPLANATORY NOTICE.

These Regulations revoke and replace the existing Censorship of Publications Regulations and in addition they prescribe the procedure to be followed where the Board decides to communicate with the author, editor or publisher of a book or periodical publication which is the subject of an examination by them.