Written Answers. - Video Nasties.
Eric J. Byrne
Question:
129
Mr. E. Byrne
asked the
Minister for Justice
the proposals, if any, she has to introduce new legislation to control the circulation of obscene videos and computer disks and their sale to minors; and if she will make a statement on the matter.
[3636/95]
As the Deputy may be aware, the Video Recordings Act, 1989 was enacted with the twin aims of prohibiting trade in so-called video nasties and of introducing regulatory controls on the video business for the purpose of regulating the types of videos which would be available to children and young persons under 18 years.
Basically the Act aims at three levels of control. First, it provides for the licensing of wholesale and retail video outlets. Second, it provides that the film censor may, on grounds specified in the Act, prohibit the supply of video films which he considers unsuitable for viewing. Third, it provides for the classification of video films in terms of their suitability for viewing by different age groups.
The licensing provisions of the Video Recording Act, 1989 require all wholesalers and retailers, including video rental outlets, to be registered with the film censor's office and to display appropriate licences on their premises. A very important element of this licensing control is the fact that licences may be forfeited by order of the courts in the event of the holder being convicted of certain offences under the Act.
The film censor has power under the Video Recordings Act to prohibit, by order, any video which comes, or is brought to his attention, and which he considers, by reference to criteria set out in the Act, to be unfit for viewing. The grounds on which the film censor may declare a video as unfit for viewing are contained in section 3 (i) of the Act which states:
"the work is unfit for viewing because,
(a) the viewing of it
(i) would be likely to cause persons to commit crimes, whether by inciting or encouraging them to do so, or by indicating or suggesting ways of doing so, or of avoiding detection, or
(ii) would be likely to stir up hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation, or
(iii) would tend, by reasons of the inclusion in it of obscene or indecent matter, to deprave or corrupt persons who might view it, or,
(b) it depicts acts of gross violence or cruelty (including mutilation or torture) towards humans or animals."
To date, the censor has made orders prohibiting 1,572 videos. The majority of these videos were submitted to the film censor by the Garda and Customs officials.
The Act also covers "video recording" meaning "any disc or magnetic tape containing information by the use of which the whole or part of a video work may be produced" and "video work" meaning "any series of visual images... produced... by the use of information contained on any disc or magnetic tape and shown as a moving picture". Therefore, any video game which falls within the viewing criteria mentioned in section 3 (i) of the Act comes under the scope of the Act.
With effect from 1 September, 1994, all new video releases coming on the market must first have been submitted to the film censor for certification as to their fitness for viewing and for classification by reference to their suitability for viewing by children and young persons of various ages.
Given that all sections of the 1989 Act have been fully operational since 1 September, 1994, only it is as yet too early to say that further legislation is needed in this regard. I will, however, be looking at the whole question of the effectiveness of the Video Recordings Act and if it emerges that further measures are required at a statutory level, I will ensure they are introduced.
If the Deputy or any person is aware of any apparent breach of the law as regards the circulation of obscene videos or computer discs, I would invite them to report the matter to the Garda Síochána or the film censors office for appropriate action. Any alleged contravention of the Video Recordings Act, 1989 will be fully investigated by the Garda Síochána.
