|
|
Prohibition orders in respect of books.
|
6.—(1) Whenever a complaint is duly made under this Act to the Minister to the effect that a book or a particular edition of a book is indecent or obscene or 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, the Minister may refer such complaint to the Board.
|
|
| |
(2) The Board shall consider every complaint referred to them by the Minister under this section and for the purpose of such consideration shall examine the book or the particular edition of a book which is the subject of such complaint and on the completion of such consideration the Board shall make to the Minister their report on such complaint.
|
|
| |
(3) When considering a complaint referred to them under this section the Board shall have regard to all or any of the following matters, that is to say:—
|
|
| |
(a) the literary, artistic, scientific or historic merit or importance and the general tenor of the book or the particular edition of a book which is the subject of such complaint,
|
|
| |
(b) the language in which such book or edition is printed or produced,
|
|
| |
(c) the nature and extent of the circulation which, in the opinion of the Board, such book or edition is intended to have,
|
|
| |
(d) the class of reader in Saorstát Eireann which, in the opinion of the Board, may reasonably be expected to read such book or edition, and
|
|
| |
(e) any other matter relating to such book or edition which appears to the Board to be relevant.
|
|
| |
(4) When considering a complaint referred to them under this section the Board may communicate with the author, editor, or publisher of the book or the particular edition of a book which is the subject of such complaint and may take into account any representation made in relation to such book or edition by the author, editor, or publisher thereof.
|
|
| |
(5) The Board may at any time make to the Minister a report in respect of any book or any particular edition of a book although no complaint in regard to such book or edition has been referred to them by the Minister, and in considering the making of a report under this sub-section in respect of a book or particular edition of a book the Board may have regard to the like matters and communicate with the like persons in relation to such book or edition as they are by this section authorised to have regard to or to communicate with when considering a complaint referred to them under this section.
|
|
| |
(6) Whenever the Board under this section makes a report, not dissented from by more than one and assented to by at least three members of the Board, stating that in the opinion of the Board the book or the particular edition of a book which is the subject of such report is in its general tendency indecent or obscene and should for that reason be prohibited or that in the opinion of the Board such book or edition 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 miscarriage and should for that reason be prohibited, the Minister may by order (in this Act referred to as a prohibition order) prohibit the sale and distribution in Saorstát Eireann of such book or of such edition of a book.
|
|
| |
(7) Where a report is proposed to be made by the Board under this section and either one member or two members of the Board has or have not signified any opinion (whether assenting or dissenting) in regard to such proposed report and the circumstances are such that the signification by such member or members of his opinion or their respective opinions (as the case may be) in regard to such proposed report might affect the operation of such proposed report in respect of the power of the Minister to make under this section a prohibition order in consequence thereof, a copy of such proposed report shall be sent by registered post to such member or to each of such two members (as the case may be) and a report shall not be finally made by the Board until after the expiration of seven days from such posting.
|
|
| |
(8) A prohibition order made under this section in relation to a book shall, unless it is limited to one or more particular editions of such book, apply to every edition of such book whether published before or after the date of such order save such (if any) editions thereof as may be excluded by an amending order from the application of such prohibition order.
|
