Trevor Sargent
Question:572 Mr. Sargent asked the Minister for Justice whether she intends introducing legislation to control the use of pornography on the Internet. [15080/96]
Written Answers. - Pornographic Material on Internet.
I am in absolute agreement that the transmission of pornographic material through the Internet is something that should be stopped, if at all possible. It is a particularly worrying form of evil activity because it facilitates the distribution of pornographic material in a totally indiscriminate manner — including its distribution to children.
The problem, however, is how to tackle it. The depressing reality, unfortunately, is that no solution has been found in other countries which are equally concerned about the problem.
The legislation for which my Department has responsibility dealing with the sale and distribution of pornographic material is principally the following: the Censorship of Publications Acts, 1929 to 1967 (as amended); the Censorship of Films Acts, 1923 to 1992; and the Video Recordings Acts, 1989 to 1992.
These Acts provide for censorship of books/magazines, films and video recordings, respectively. The task of censorship is carried out by the Censorship of Publications Board in relation to books and magazines and by the film censor in relation to films and video recordings. There are also appeal boards to decide on any appeal against the decisions of the Censorship of Publications Board and the film censor.
The application of censorship to the Internet — which can be described as a method where data on computers located throughout the world is accessible over a public phone line by a computer situated, for example, in an individual's home — would require the application of a radically different startegy to the type of censorship set out in the legislation I have just mentioned.
There are of course certain existing provisions which Deputies may wish to cite. For example, section 96 of the Postal and Telecommunications Services Act, 1983 provides that Telecom Éireann may "prohibit transmission of objectionable messages".
However, the Department of Transport, Energy and Communications do not see provisions of this kind as providing an immediate solution. They make the point that while the Minister for Transport, Energy and Communications has responsibility for the formulation of national policy connected with telecommunications matters, that policy does not extend to forming moral judgments about what constitutes obscene or otherwise unacceptable material.
They point out that the obligation to make judgments on such matters traditionally rests with bodies established by the Minister for Justice and that responsibility for investigation of criminal offences rests with the Garda.
Finding solutions to this problem is, therefore, a complex matter. I am not aware of any immediate solutions but I will continue to search for one in consultation with any appropriate ministerial colleagues.