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6th May  Update:  Hard Going...


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Ongoing court case re legality of hardcore DVDs in Ireland

Pen in handDear Mr. Kelleher,

You may recall I e-mailed you last year asking you to tell me what was the current legal status of R18 UK classified DVDs in the Republic of Ireland.

You replied that you could not so do, because, inter alia, your office was a party to High Court proceedings concerning that very issue.

I assume that those court proceedings have been resolved, one way or the other, by now, given that over a year has passed since then.

So, would you tell me what the "official position" is on this issue, please ?

Indeed I might remind you of your own statements in an interview with Gerry McCarthy of The Sunday Times newspaper (2nd July 2006) stating support for "good wholesome shagging" in the context of DVDs etc.


You go on to say: The biggest change is a recognition that people who are 18 are adults,
they should be able to make up their own minds.
Our role would be to advise, a consumer guide."

Well I, an adult, am directly asking you for the above said "advice" on this material's legal status in this jurisdiction.

Irish Film Censors Office logoJohn Kelleher replied:

I have no difficulty in responding to your question regarding the current legal status in Ireland of DVDs classified R18 in the UK. The position is that irrespective of whether a DVD may be classified R18 or otherwise in the UK, it cannot not be distributed in Ireland without a certificate from this Office.

My reluctance to comment did not relate to that question but to others which touch on the legal case referred to, which is, in fact, still before the courts. The High Court judgment of Mr. Kevin O'Higgins in December 2007, which found in favour of this Office and the Censorship of Films Appeal Board, has since been appealed to the Supreme Court.

Yours sincerely,
John Kelleher

Update: Sex Shop Legislation Being Considered in Ireland

May 6th 2008

Anthony emailed again and John Kelleher replied with answers interleaved and shown coloured in maroon:

Pen in handAnthony: Dear Mr. Kelleher,

I'm afraid, however, that your answer leaves me more confused than I was before.

Perhaps you misunderstood my question, I wasn't asking if a British BBFC R18 certificate was legally valid in the Irish Republic - I am aware that all videos rented or sold here and issued after Sept 1993 need a certificate from your office.

My question was whether video content that was consistent with the R18 category was likely to receive a certificate from your office or not.

Irish Film Censors Office logoJohn Kelleher: I cannot at present envisage a situation where video content consistent with the UK's R18 category would receive a certificate from IFCO. As you know, unlike the UK, where adult shops are licenced by local authorities and access to R18 material is strictly monitored, Ireland does not have licenced adult or sex shops. It will be a matter for the Oireachtas to determine whether this may change.


Anthony: In other words is consensual non-violent, "couple friendly" explicit sexual material going to be granted a, (presumably 18) certificate, or not ?

John Kelleher: That is not 'in other words'. The circumstances which determine a certificate may vary.

Anthony: I believe a cert was granted to 9 Songs, so the degree of explicit sexual detail would not seem to be the sole criterion in deciding whether a cert can be granted. In effect, the cert granted to 9 Songs shows that hardcore images are not legally "obscene" in the Republic.

John Kelleher: As with 9 Songs, the degree of explicit sexual detail was not the sole criterion. The key is context. In fact, the cert granted to '9 Songs does not, as you say, show that 'hardcore images are not legally 'obscene' in the Republic'.

Anthony: There's a second question which is related - What is the legal position of personal imports from the UK or indeed elsewhere in the world ?

John Kelleher: The Video Recordings Act 1989 makes it an offence to import into the state a video work for which a prohibition order is in force.

Anthony: If one should order by mail order a dvd featuring this content from abroad, is the importation of this dvd "distribution" in the meaning of the Act of the Oireachtas that you're working under? I refer you to the Video Recordings Act 1989, which governs the control and regulation of the supply and importation of video recordings. If it is, would the shop or the recipient, or both, be considered to have breached the Act?

John Kelleher: See preceding paragraph.

Anthony: If as seems likely (judging by your office and the Appeals Board's actions in the High Court case you refer to), the Irish Film Censor's Office has decided to keep what the man in the street would call "hardcore movies" effectively illegal -by denying such videos a certificate - that would seem at odds with your professed statement to let adults decide for themselves.

John Kelleher: I don't believe it is at odds but for reasons stated above, I do not wish to comment at this time.

John Kelleher: I have given answers, in so far as I can, to some of the questions you raise.

Because, as previously mentioned, there is a relevant case before the Supreme Court, it would be inappropriate for me to comment on some aspects of these matters. Likewise, there is amending legislation going through the Oireachtas currently, and perhaps further changes to censorship legislation in prospect, so I wish to reserve my opinion until such time as it may be sought in that regard.

Yours sincerely
John Kelleher.

Comment: intriguing

Anthony: His reference to amending legislation going through the Oireachtas (S. Irish Houses of Parliament) is intriguing.

My guess would be that they intend requiring sex shops here to have a licence, but not that they intend to allow them to sell hardcore dvds, in effect the pre-"loosening up" R18 situation in the UK. I may be wrong, perhaps they intend to copy the UK regulations, but my experience says otherwise. I'll enquire further about this legislation.

The line that doesn't mean that hardcore images are not legally obscene is an amazing statement. I mean presumably the ones contained in that particular film, 9 Songs, aren't obscene, or is the Film Censor breaking the law?

 

26th April  Update:  Sex Still Sells...

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Sweden decides not to ban sexist advertising

Girlie icecreamSweden has decided not to ban sexist advertising, saying it would risk undermining the country's cherished right to freedom of speech.

But the decision puts the country at odds with its Nordic neighbours. Norway and Denmark have strict limits on the use of such images for commercial gain.

In Norway, sexist advertising has been banned since 2003. The ban forms part of a much broader package of legal limits on advertising, protecting the depiction of religion, sexuality, race and gender.

Basically, if something is offensive or it makes the viewer feel uncomfortable when they look at it, it shouldn't be done, explained Sol Olving, head of Norway's Kreativt Forum, an association of the country's top advertising agencies: Naked people are wonderful, of course, but they have to be relevant to the product. You could have a naked person advertising shower gel or a cream, but not a woman in a bikini draped across a car."

Norwegian firms that refuse to remove or alter offensive adverts after having a complaint upheld face a hefty fine of 500,000 Norwegian kroner (£49,000; 62,500 euros).

Both Norway and Denmark are keen to emphasise that their advertising limits do not prevent freedom of speech, stifle creativity or mean that there is never a beautiful naked human form on display.

Denmark's advertising ombudsman Henrik Oe says many advertisers are becoming increasingly creative, using humour to stretch the boundaries and appeal to Danish consumers. He says he receives only around 10 complaints about sexist advertising each year and that firms normally remove the offending images quickly.

Sweden, however, despite commissioning a special government rapporteur to look into the matter, is not following the legal professor's advice that freedom of speech does not extend to commercial messages and limits are needed.

This law would be against freedom of speech, which is protected by the constitution, said Malin Engstedt, spokesperson for Equality Minister Nyamko Sabuni: The minister is not convinced that this law would improve things.

See Also:

 

24th April    Minor Euro Games...




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EU pushes for more to protect children from games

EU logoEU Information Society and Media Commissioner Vivianne Reding has told the industry that a code of conduct for retailers must be in place within two years, so that existing ratings systems are better known.

The Commission has found that 20 of the EU's 27 countries use the Pan European Games Information (PEGI) system for classifying games by age.

Only four of the EU's member nations have banned violent computer games. These are the UK, Ireland, Germany and Italy.

There are 4 countries with no classification system in place at all are: Cyprus, Luxembourg, Romania and Slovenia.

PEGI, as an example of responsible industry self-regulation and the only such system with almost pan-European coverage, is certainly a very good first step, said Reding. However, I believe it can be greatly improved, in Europe and beyond, by making the public more aware about its existence and fully implementing PEGI Online. I also call on Member States and the industry to govern the sale of video games in shops to respect the fundamental need to protect minors.

Reding wants the industry to do more to promote and raise awareness of PEGI, for EU countries to make PEGI a part of their own classification systems, for countries to co-operate on age verification systems, and for the industry to create the code of conduct for retailers within two years.

Update: Manhunt 2 in Ireland

The Film Censor's Office (IFCO) banned Manhunt 2 last year after finding the gross, unrelenting and gratuitous violence unacceptable. It is the only video game banned in Ireland.

Deputy Irish censor, Ger Connolly told The Irish Times today that the ban on Manhunt 2 remains in place and that the publisher Rockstar Games has not sought to appeal the decision.

Someone buying the game online or importing it from another country would be committing a criminal offence, he said.

 

20th April    Free Speech Bleeding to Death?...
 
Brigitte Bardot on trial for criticising religious slaughter

Greeting for EidLegendary French actress Brigitte Bardot has gone on trial facing a charge of inciting racial hatred after making comments concerning the religion of Islam.

She faces a possible two-month suspended prison sentence and a fine of €15,000 if she is found guilty.

The star, who is pursuing career as an animal rights activist, has faced similar charges of inciting racial hate on four prior occasions.

The latest charges came about after the star publicly published a letter she sent to French president Nicolas Sarkozy last year lambasting the Muslim religious festival of Eid al-Adha - due to its traditions of slaughtering a sheep.

In the letter she says: I am fed up with being under the thumb of this population which is destroying us, destroying our country and imposing its acts.

Prosecutor Anne de Fonette told the court she was seeking a tougher sentence than on previous occasions, stating: I am a little tired of prosecuting Mrs Bardot.

The verdict is expected in several weeks.

 

19th April    Inciting New EU Laws...
 
EU agree to offence of inciting terrorism via the internet

EU logoEuropean Union ministers have agreed to punish incitement to terrorism through the internet.

At a meeting in Luxembourg, EU justice and interior ministers tightened existing laws. Public provocation to commit terrorist attacks, as well as recruiting and training people for terrorism will be punishable offences throughout the EU.

EU officials said the decision to punish propaganda, recruitment and training for terrorism through the internet filled an important gap in European legislation.

They described the internet as a virtual training camp for militants, used to inspire and mobilise local groups.

Earlier this month, the EU anti-terrorism co-ordinator, Gilles de Kerchove, said the threat of terrorism in Europe had not diminished and about 5,000 internet sites were being used to radicalise young people.

National courts will now be able to ask internet service providers to remove such sites. But under pressure from Nordic countries and civil rights campaigners, ministers made clear that the new provisions may not be used to restrict freedom of expression.

Britain, Spain and Italy already punish public incitement to terrorism.

And as if to make the point

See full article from the Independent

A Muslim activist who became known for his publicly expressed extremist views was jailed for four and a half years yesterday for terrorism-related offences committed during a series of inflammatory speeches at a London mosque.

Judge Nicholas Price said that Abu Izzadeen a British-born convert to Islam, was a "leading light" in a group of men who used a gathering at the Regent's Park mosque in November 2004 to call for volunteers to fight British troops in Iraq and appeal for funds to finance insurgents abroad.

The judge said Izzadeen and his co-defendants had abused the right to freedom of expression. Izzadeen and Simon Keeler, another British-born convert from Whitechapel in east London, were singled out as having led the incitement. They were sentenced to serve four and a half years.

Judge Martin told Izzadeen: I am left in no doubt that your speeches were used by you as self-aggrandisement and not as an expression of sincerely held religious views. I find that you are arrogant, contemptuous and utterly devoid of any sign of remorse.

Abdul Muhid, also from Whitechapel, was sentenced to two years for fundraising for terrorism abroad. He will serve the term once he finishes a four-year sentence for soliciting murder during protests against the publication of cartoons in a Danish newspaper depicting the Prophet Mohamed. The other defendants were given prison terms between two years and three years nine months.

 

16th April  Update:  Fitna and Free...
 
EU will not develop new laws against blasphemy

EU logoEuropean Commissioner for External Relations and Neighborhood Policy, Benita Ferrero-Waldner, said in Saudi Arabia that the EU would not develop new laws against blasphemy.

Ferrero-Waldner was speaking in reference to the recent release of Fitna, a short film by Dutch lawmaker Geert Wilders, and Mohammed cartoons published in European newspapers in 2005 and 2006.

There are two principles involved in this matter: freedom of press and freedom of religion. Every individual has a right to express what he thinks is correct. Similarly, the other individual, who is not in agreement, can rebut in the same way, she said.

Ferrero-Waldner said that the Dutch government was quick to stress that the opinion made in the stupid film is not that of the government or its people: It is an individual opinion. We practice freedom of religion. You have to understand that Muslims have freedom to practice their religion in our country.

UNHuman Rights Council

Based on an article from myTELUS

UN logoIslamic countries have used a meeting of the United Nations' top human rights body to demand the prosecution of a Dutch politician whose anti-Qur'an movie has sparked Muslim protests.

Pakistan, Saudi Arabia, Indonesia and other members of the UNHuman Rights Council said the Netherlands should adopt laws against religious defamation.

We recommend to the government of the Netherlands that it must ... initiate prosecution against the author of the movie Fitna, Pakistan's representative Masood Khan told the 47-member council.

Nebahat Albayrak of the Dutch delegation told council members that the public prosecutor was investigating whether the film breaks any laws.

 

16th April  Update:  Thin End of the Wedge...
 
France parliament passes laws against encouraging anorexia

No Anorexia poster advertInternet sites and blogs which assert an anorexic lifestyle to teenage girls were outlawed by the French parliament yesterday.

The law is the first attempt anywhere in the world to stamp out the "pro-ana" movement, a cult-like attempt to promote anorexia as a lifestyle which began in the United States eight years ago.

If, as expected, the legislation is also approved by the Senate, it will become a criminal offence in France to encourage another person to seek excessive thinness... which could expose them to a risk of death or endanger their health. Offenders risk two years in prison or a €30,000 (£24,000) fine.

Although the law would also apply to magazines, it is mostly aimed at internet sites and blogs which have sprung up in France in the past two years. These sites, which also exist in the UK, worship extremely thin female celebrities, including Nicole Richie and Victoria Beckham.

The French Health Minister, Roselyne Bachelot, told parliament: Giving young girls advice about how to lie to their doctors, telling them what kinds of food are easiest to vomit, encouraging them to torture themselves whenever they take any kind of food is not part of liberty of expression. The messages sent out here are messages of death.

A typical French blog, Be Perfect, Be Pro Ana, carries a long letter signed your future best friend Ana. It encourages teenage girls to refuse food, to make themselves sick and to take laxatives in order to match the body shape of their "thinspirations" such as Richie and Beckham.

The law's author, the centre-right deputy Valerie Boyer, says that between 30,000 and 40,000 people in France have anorexia.  She says this kills more people in France each year than any other mental disorder.

At the same time, Mme Boyer and the Health Minister have drawn up a voluntary charter on bodily image and anorexia. French advertisers, model agencies and pret-a-porter fashion houses have agreed to sign the charter and to refuse to publish images, especially of young people, which could promote an ideal of extreme thinness

 

15th April  Update:  Shameful EU Parliamentarian...
 
Easily panders to the easily offended

EU logoPresident of the European Parliament, Hans-Gert Pottering, said that he was against the anti-Islam film Fitna.

Talking to reporters in Doha on the sidelines of the eighth Forum on Democracy, Development and Free Trade, he said that he understood the cultural differences between the Islamic world and Europe and that he was committed to dialogue based on partnership.

If there are people who commit acts of terrorism in the name of Islam, we do not believe they represented the mainstream of Muslim thinking… we [the EU] will not accept that Islam and terrorism are identical. We are not in favour of descriptions and pictures that identify violence with Islam. We are against any cartoons that could instigate violence, he said.

We are committed to the freedom of the press...BUT...I am against publishing cartoons that hurt the feelings of others.

As a Catholic, I would feel insulted if someone derides the Pope. We might disagree with others but we have to respect them.



World News Index  News: European:  2007 2008 Latest
 News: World: 2000 2001 2002 2003 2004 2005 2006 2007 2008 Latest
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 News: US: 2005 2006 2007 2008 Latest
 News: Australian: 2005 2006 2007 2008 Latest
 News: World Censors: 2005 2006 2007 2008 Latest

World Censors Index  Censors: China Lost in Beijing Chinese film censors explain secret decision making (Dec 2007)
 Censors: Australia Censoring the Insensible Australia's new censor outlines his approach (Oct 2007)
 Censors: Thailand Ministry of Censorial Culture (March 2007)
 Censors: New Zealand An Interview with Bill Hastings (Oct 2006)
 Censors: Ireland No longer at the cutting edge (July 2006)
 Censors: Italy Censorship of movies, video & TV (Feb 2006)
 Censors: Germany Video Censorship
 Censors: USA The Motion Picture Association of America (MPAA)
 Censors: Japan A Short Introduction to Japanese Censorship (offsite Oct 2006)

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