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ELI5 Freedom of speech

  • 17-07-2014 10:37pm
    #1
    Registered Users, Registered Users 2 Posts: 86 ✭✭


    Can someone give me an ELI5 on freedom of speech in Ireland.

    I know we are limited with being able quote people/papers by the Sean Sherlock SI

    ANd I know there are blasphemey laws which I think can be used to stop someone spreading hatred.

    But Im not sure if I have that right or if Im missing anything else (probably am).


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    An ELI5 is what precisely?


  • Banned (with Prison Access) Posts: 582 ✭✭✭sleepyheadh


    Tom Young wrote: »
    An ELI5 is what precisely?

    explain like I'm 5


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    OP use search function


  • Banned (with Prison Access) Posts: 582 ✭✭✭sleepyheadh


    Tom Young wrote: »
    OP use search function

    Tom young use Google haha


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    We don't usually communicate on here with three letter acronyms - to be fair.

    Freedom of Expression has been dealt with here before. The OP should use the search function, before I ban someone ;)


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  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    The first place to look is Article 40 of the Constitution, which deals which the fundamental or basic rights of citizens.

    Article 40.6.1.i deals with freedom of expression.
    6 1° The State guarantees liberty for the exercise of the following rights, subject to public order and morality: –
    i The right of the citizens to express freely their convictions and opinions.

    The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.

    The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.

    In a nutshell, citizens have rights to freedom of expression, to include freedom of speech. However, these are not absolute rights and may be restricted.

    There is a certain amount of censorship in Ireland. You may have heard of s.31 of the Broadcasting Act, which had prohibited RTÉ from broadcasting interviews with Sinn Féin or the IRA.

    Also see here for an essay on the subject, which I have not read.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Tom Young wrote: »
    We don't usually communicate on here with three letter acronyms - to be fair.

    Freedom of Expression has been dealt with here before. The OP should use the search function, before I ban someone ;)

    Shouldn't that be bibs.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Lol


  • Banned (with Prison Access) Posts: 582 ✭✭✭sleepyheadh


    Tom Young wrote: »
    Lol

    "We don't usually communicate on here with three letter acronyms - to be fair." - Tom Young


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yes, I decided to engage in TLAs, the irony.


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  • Banned (with Prison Access) Posts: 582 ✭✭✭sleepyheadh


    Tom Young wrote: »
    Yes, I decided to engage in TLAs, the irony.

    Its a slippery slope man, get out now while you still can!


  • Registered Users, Registered Users 2 Posts: 86 ✭✭h.bolla


    Tom Young wrote: »
    We don't usually communicate on here with three letter acronyms - to be fair.

    Freedom of Expression has been dealt with here before. The OP should use the search function, before I ban someone ;)

    Well in fairness the most recent thread I can find that deals with this issue almost 3 years old. Im guessing there could have being a lot of changes since then.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    There are a few cases alright but too complex for an EIL5 entry


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Generally freedom of speech is restricted if it leads to incitement of hatred, harassment or breach of peace.


  • Registered Users, Registered Users 2 Posts: 4,881 ✭✭✭TimeToShine


    Say what you like provided it doesn't get people pissed off at other people.

    Does not apply on this website.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    Say what you like provided it doesn't get people pissed off at other people.

    Does not apply on this website.
    Nice axe. You should grind it some more.


  • Registered Users, Registered Users 2 Posts: 4,881 ✭✭✭TimeToShine


    Nice axe. You should grind it some more.

    I didn't mean it that way. You see a lot of people spouting "freedom of speech" on message boards, just pointing out that they're technically not public domain and as such anything you say can be censored.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    I didn't mean it that way. You see a lot of people spouting "freedom of speech" on message boards, just pointing out that they're technically not public domain and as such anything you say can be censored.
    Ah, fair enough.

    Just my opinion, but your definition of freedom of speech is essentially the way boards rules are used? The main one being that pissing other people off by what you say is not allowed, other than that, work away.


  • Registered Users, Registered Users 2 Posts: 86 ✭✭h.bolla


    I didn't mean it that way. You see a lot of people spouting "freedom of speech" on message boards, just pointing out that they're technically not public domain and as such anything you say can be censored.

    Well I wasnt really thinking online 'freedom of speech' but its an interesting thought all the same that a website is a private emm.... domain? And as such they impose their own rules. Obviously it makes sense but I just never thought about it in so many words.

    Just on a similar note, if the website is hosted in say the US and I break an Irish law- say "publication of blasphemeous matter" does that mean since I publised on a US medium Im no longer reprehensible?

    I imagine its in a similar vein to having a holiday in Amsterdam and smoking marijuana joints which would be illegal here and then coming back.


    (BTW this is all just personal interest- Im not looking for legal help, or in any legal trouble)


  • Registered Users, Registered Users 2 Posts: 3,328 ✭✭✭conorh91


    The topic is way too dense for an ELI5 explanation OP.

    The best accessible, up-to-date resource on this is Media Law in Ireland by Eoin Carolan (2010). It covers the whole gamut of free speech and related topics in a way that hungover 17-year old students can understand, so possibly 5-year olds could grasp it too.


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