Category: Censorship

Terrorism and Speech

| 3 Comments
| Censorship, Media and Communications, Sedition

Logo via Findlaw siteIn The State (Lynch) v Cooney [1982] IR 337, the Supreme Court upheld the validity of a statutory provision [section 31(1) of the Broadcasting (Authority) Act, 1960 (also here) as amended by section 16 of the Broadcasting Authority (Amendment) Act, 1976 (also here) – thankfully repealed in 2001] which allowed the Minister to preclude from broadcast any matter which “would be likely to promote, or incite to, crime or would tend to undermine the authority of the State”. O’Higgins CJ for the Court held that the free speech guarantee [Article 40.6.1(i)] of the Constitution

enables the State, in certain instances, to control these rights and freedoms. The basis for any attempt at control must be, according to the Constitution, the overriding considerations of public order and morality. The constitutional provision in question refers to organs of public opinion and these must be held to include television as well as radio. It places upon the State the obligation to ensure that these organs of public opinion shall not be used to undermine public order or public morality or the authority of the State. It follows that the use of such organs of opinion for the purpose of securing or advocating support for organisations which seek by violence to overthrow the State or its institutions is a use which is prohibited by the Constitution.

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Le Pen is mightier than le sword?

| 3 Comments
| Censorship

UCD Law Soc logo, via their siteThere is a certain irony that, on Holocaust Memorial Day (on which I have blogged here), today’s Sunday Business Post reports that Jean-Marie le Pen, leader of the far right wing French party Le Front National, has delayed his trip to Ireland due to media coverage of the invitation extended by the UCD Law Society to him to speak against the Lisbon Treaty. As a contentious politician who seems to thrive on the publicity generated by controversy, I am sure he expected some objections, but it seemed to me that neither the reaction nor the coverage was particularly virulent. …

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Manhunt II again

| 2 Comments
| Censorship, IFCO, Media and Communications

BBFC logo, via their siteFurther to my post last June about various countries banning the controversial computer game Manhunt II, matters have not stood still. Soon after the various bans, Rockstar made some changes to the gameplay. In the US, these tweaks were sufficient to reduce its classification from an Adults Only (AO) rating to a Mature (M) rating, allowing it to be bought by anyone aged 17 or more. Then Rockstar reapplied to the BBFC in the UK, but, in October, they upheld their June decision not to certify (in effect, to ban) the game (see The Register).

But that has not proved to be the end of the story; this week, the BBFC’s Video Appeals Committee has allowed Rockstar’s appeal against the ban in the UK – by the slimmest of margins, on a vote of 4 to 3 (BBC | The Register | Daily Telegraph). The effect of the appeal is that the BBFC must consider the game again, and if it does nothing, then it will be released with an 18 certificate.

So far as Ireland goes, I’m not aware whether Rockstar has brought an appeal against IFCO‘s original ban on Manhunt II or whether they submitted the revised version of the game for classification, but if they succeed in releasing a version of the game in the UK, can Ireland be far behind?…

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Give speech a chance

| 8 Comments
| Blasphemy, Censorship, Freedom of Expression, Media and Communications

BBC News logo via the BBC siteGuardian Unlimited logo, via their site.Three free speech stories in the BBC News and Guardian websites caught my eye this morning. Indeed, the first two were almost side by side on both sites. In the first, there is widespread dismay at the arrest of a British school teacher in the Sudan accused of insulting Islam’s Prophet, after she allowed her pupils to name a teddy bear Muhammad (BBC | Guardian). In the second, protests are expected later outside the Oxford Union (see also wikipedia) when Nick Griffin (see also wikipedia), Chairman of the British National Party, and David Irving (see also BBC | Holocaust History | Kizkor | wikipedia), Holocaust denier, arrive for a forum on The Limits of Free Speech (BBC | Guardian).

There is an inconsistency here; and the incongruous but serendipitous placement of these two stories side by side demonstrates it: we cannot be outraged both at the arrest of the teacher and at the speech of Nick Griffin and David Irving. Society cannot have it both ways, it is not free to pick and choose which speech to support. Those in favour of speech must afford it both to the teacher and to Griffin and Irving.…

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Unwritten books, unshown art

| 4 Comments
| Blasphemy, Censorship, Freedom of Expression

'Satanic Verses' cover from publishers' websiteSalman Rushdie’s knighthood has provoked many responses in the print and broadcast media and online, including a post on this blog. But the best I’ve seen is by Andrew Anthony in this week’s Observer: Sir Salman is a godsend to literature and free speech.

Anthony’s piece is very well written and definitely repays reading; here’s a flavour:

… Few appeared to realise that a massive symbolic attack had been launched [by Khomeni’s 1989 fatwa against The Satanic Verses] against the most vital freedom, not only in art but in society, the freedom of expression. Still less that our rather timid and repentant response would encourage religious extremists and censors.

Who can calculate how many books have subsequently gone unwritten and artworks unshown? We do know that the play Behzti was closed down in a theatre in Birmingham by a Sikh mob. We know that John Latham’s God Is Great was removed from the Tate gallery, even without complaints, due to the fear that it might cause offence. We know that the Danish cartoons were not published in this country, when they were the biggest story in the world. And abroad, countless intellectuals, writers and politicians now require round-the-clock police protection.

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IFCO bans Manhunt II

| 7 Comments
| Censorship, IFCO, Media and Communications

IFCO logo, via the IFCO siteFollowing on from my recent posts (here and here) about the role of the Irish Film Censor’s Office (IFCO), last week brought news that the Censor, John Kelleher, had exercised his powers for the first time to ban a computer game on grounds of violence. The Video Recordings Acts, 1989 and 1992 extend the powers in the Censorship of Films Acts, 1923-1992 to cover videos (all of the relevant legislation is collected here). In particular, the Video Recordings Act, 1989 (also here) gives the Censor the power to certify and/or ban “video recordings”. Marie McGonagle discusses the system here (pdf; see pp 23-30; hat tip: TJ McIntyre). Although the definition of “video recording” in section 1 of the 1989 Act is sufficiently wide to cover games, they are (by another definition in the same section) exempted from that definition unless they are “unfit for viewing” (as defined in section 3); and if they are so unfit, then the Censor may ban them under Section 7(1)(b) of the Act, which provides:

If the Official Censor, having examined a video recording containing a video work … is of opinion that the work is unfit for viewing because …

(b) it depicts acts of gross violence or cruelty (including mutilation and torture) towards humans or animals,

he may make an order … prohibiting the supply of video recordings containing the work.

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The struggle for freedom of expression in cyberspace

| 1 Comment
| Blogging, Censorship, Digital Rights, Freedom of Expression, Media and Communications

irrepressible logoamnesty-international-logo.pngAs part of Amnesty International‘s and the Observer newspaper’s Irrepressible campaign against internet repression, there will be a webcast on Wednesday 6 June 2007 at 18.30 (UK / 19.30 Europe / 13.30 EST / 10.30 PST) of a major debate on the struggle for freedom of expression in cyberspace. As their blurb puts it:

Amnesty and The Observer newspaper will use the internet to link activists from around the world to discuss the struggle against internet repression and to celebrate the irrepressible desire of people towards freedom of expression. The meeting will include participation from internet gurus, cyber dissidents as well as net activists, writers and journalists. Everyone will be able to participate to the debate online through a webcast on the day.

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