Dáil Éireann Debate, Tuesday - 17 October 2023
380. Deputy Carol Nolan asked the Minister for Justice if demonstrating public support for proscribed terrorist organisations through such activities as marches, displaying of banners, posters or online activity which affirms the goals of such organisations, is prohibited by law; and if she will make a statement on the matter. [44759/23]
View answerAs the Deputy will appreciate the interpretation of the law is a matter for the Courts.
The Government is committed to the protection of freedom of expression and freedom of assembly, consistent with the State's obligations in the Constitution and the European Convention on Human Rights. There are boundaries to such protections and, accordingly, there are a range of provisions in legislation which may, depending on the circumstances, be relevant. These include relevant provisions of the Criminal Justice (Terrorist Offences) (Amendment) Act 2015, the Offences Against the State Act 1939 and the Criminal Justice (Public Order) Act 1994.
It is a matter for An Garda Síochána in any particular circumstance to consider whether an offence may have occurred.
In addition, the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill is currently making its way through the Oireachtas. Once enacted, the Bill will update laws criminalising hate speech and legislate against hate crimes for the first time in Irish law thereby enabling further sanctions against individuals who foment hatred.
As regards measures directed against the dissemination of terrorist content online, under EU law online platforms are obliged to remove terrorist content upon receiving a removal order from Member States’ authorities, and to take measures when their platforms are adjudged to be exposed to terrorist content. An Garda Síochána acts as the competent authority in respect of issuing removal orders in this jurisdiction.
