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Dáil Éireann díospóireacht -
Friday, 15 May 1925

Vol. 11 No. 15

DÁIL IN COMMITTEE.

The danger I am trying to obviate is that, under the guise of advertising matter in aid of a film-picture, the degradation of public morals and general debasement may be secured, in spite of the Censor of Films. The House probably is not aware that when the Censor refuses a certificate for a proposed film, the renter is entitled, on payment of a fee of £5—which may be returned to him in the event of his succeeding in his appeal—to have the judgment of an appeal board. The appeal board consists of unpaid members. Most of them—in fact, all of them—at the present time, are very busy men and women. The task that is put upon the Censor and upon that board of appeal, in turn, is to deal with what comes in. Look at the extent of this sheet, which I hold in my hand. It is for a film entitled "Wine," and it is the "exhibitor's advertising campaign." That is only one sheet in connection with one film. The Censor has to decide whether or not that illustration is indecent or suggestive of something that would be regarded as indecency, or whether its general effect is subversive of public morality. In the interval of waiting for this debate during the week, I have shown sheets like this to some of our colleagues in the House. It has taken some of them quite a considerable time to make up their minds as to whether that little block, enlarged to the dimensions to which it would be exhibited outside a country cinema, would be the right kind of exhibit for our country people. Suppose it were enlarged. The Censor and, after the Censor, the members of the Board of Appeal, have not alone to deal with that, but to deal with all these that I have in my hand. There is quite a number of them. Some of them are shown here as three inches by two inches, but in certain cases, as in that case, they would be enlarged to the size of huge posters. It is very hard to make up one's mind as to what the impression of that picture would be upon growing youth in a country place. Neither the Censor nor any member of the Board of Appeal is entitled to say, "I like that well enough; that would do me no harm." He is in a very difficult position and, at times, almost in the impossible position psychologically, of having to put his own personality out of the matter, and imagine himself what he is not. He must try to decide what effect upon the soul of that other person he imagines himself for the time being to be, is likely to be.

In addition to "exploitation sheets" and "throw-aways" and all the rest of it, you have presentation matter, which is handed out as a souvenir. I invite the attention of the House to this booklet—"Southern Love." That might be presented without ever coming before the Censor or the Board of Appeal. That publication has a harmless cover; we take then the beautifully produced illustrations in the body of it; and now we come to the centre of it. Supposing that is exhibited in Cahirciveen or Ballinasloe, what will be thought about it by mothers or fathers? Could the Censor pass the entire advertising unit, knowing full well it contains that? The obvious answer is that he must reject the total thing. But that need not come before him at all. Furthermore, what the Minister, with all respect, has overlooked, in his reply to me, is that the local exhibitor may produce his own advertising matter. That is not covered. Consequently, in amendment No. 4—which, if passed, would render any reference to the "exploitation sheet" unnecessary—I add the words: "the actual photographic or other reproduction or pictorial representation intended to be sold or otherwise to be provided as advertising matter to the exhibitor of the film-picture in relation to which the application is made." As a rule, the renter who sends along his films and, subsequently, gives a trade show, so as to receive orders from exhibitors, would not dream of providing all this stuff by way of illustration. Very often it is too expensive. It would be quite easy for the renter to make up his mind beforehand which of these illustrations he intends to provide to an Irish exhibitor and let him submit those along with his film-picture. The work imposed upon the Censor and later, possibly, upon the Appeal Board, would be very much reduced in consequence. It is hard enough to decide with regard to the film, without being called upon to decide also upon all sorts and varieties of illustrations that may, in practice, never come into the country at all. It is a needless expenditure of energy.

I have an illustration here which appears to be what Deputy Johnson said a few moments ago. Personally, I should hold that that picture by itself is harmless and unobjectionable. But taken with the printed matter that accompanies it, which shows that that is the initial stage of an indecent assault, that that is an attempt upon the virtue of this girl, it then becomes objectionable. The Censor may pass the block and afterwards find clergymen in a district denouncing him for negligence and disregard of his duty, when he has been most careful. His hands are tied.

This whole matter of advertising— especially pictorial advertising—in connection with the films, creates a far greater difficulty, I submit, than the censoring of the films themselves. Anything that can minimise the difficulty or make the position easier or facilitate matters, and make the censorship less opne to unfavourable criticism subsequently, would be a great advantage, not merely to the Censor's office, but to the public at large. Therefore, I do not think it is too much to ask the firm to provide the actual illustration. Remember, we are dealing with firms that expend huge sums of money on production. Yesterday afternoon I had to see a film which, the producer informed me, cost £150,000 to produce. Surely, to provide the Censor with a copy of a 17s. or 11s. or 9s. poster, in addition to exhibiting the film, is not imposing prohibitive expenditure upon these firms with colossal capital.

I submit, with all respect, that the actual portraiture—the actual picture— is what ought to come first under the criticism of the Censor, and not something that is remotely or proximately at the best indicative of its character. The colouring makes an enormous difference to some of these posters, especially where semi-nude figures are in question, and what is harmless enough and might be passed by anyone not too prudish, could not be permitted and could not be tolerated in colour for promiscuous and general exhibition on the posters in a town. Inside a picture gallery, where these things are for the entertainment of people of culture, or where they are for the higher education of those aspiring to culture, these things are absolutely right, and I would contend defensible, but as a stimulus to pruriency, as sensational items and as things intended to appeal to the lower instincts, they should not be tolerated to deface the hoardings of our towns or villages.

I do not want to speak any more upon the matter, but I would urge this on the House, that I am putting before you the experience of some eighteen months of the working of the last Act. That was a most excellent Act, and this, I suggest, will make it still more excellent. I am seeking to introduce this slight alteration, not at all in any spirit of opposition to the proposition of the Minister, but quite in the spirit of support for all the great work that he has done for the nation in this regard. It is only after two or three generations that the Irish public will be able to appreciate the great benefits that have accrued to the nation from the fact that the Minister introduced that measure, and made it the stringent measure it is.

The Minister will perhaps be gratified to know that the statements made by the Censor Board through the Chairman some time ago to representatives of the trade have gone around the whole world. There is scarcely a single newspaper in the whole civilised world that has not dwelt upon this and that has not held up the Irish Free State as an example. There were articles in Italian newspapers as well as in Australian and New Zealand papers. There was a proposition from some of the American cities to introduce a State censorship on the Irish model. Therefore, I would assure the Minister that in resisting his suggestion that the present Bill is ample enough in regard to illustrations, I am acting, not in opposition, but as one who appreciates very much all that he has done and all that he is seeking to do in regard to film censorship.

It seems to me that the Deputy's amendment does not effect all that he claimed for it when expounding and advocating it. The amendment proposes to substitute the following words: "The actual photographic or other reproduction or pictorial representation intended to be sold or otherwise to be provided as advertising matter." Now that requires a copy of the actual photograph, but it does not specify that the copy is to be full size and is to be in the same proportion as the actual poster to be exhibited.

The "actual photographic or other representation" there is what is known in the trade as stills. Anyone who passes a film theatre, such for instance, as the one in Grafton Street, must have recognised that these are small enlargements of little film pictures.

Yes, such as those that are seen in frames on the lobby in picture houses. That, I take it, is what the Deputy is referring to?

Then what about the full-sized posters the Deputy spoke of as something that would appear on the hoardings of towns and villages? My point is this, that there is nothing in the amendment which would compel the renter to forward to the Censor anything more than the photographic representation of that poster, and that consequently, whereas in miniature it may be sufficiently harmless, a full-size or a life-size presentation of the same picture would have a different effect. That scarcely seems to be covered by the amendment. The Deputy stated that his amendments are based on a year's experience of the working of the principal Act. Of course the Deputy speaks with authority as Chairman of the Appeal Board. Without seeking in any way to pit the Deputy against the Censor, I might point out that the Bill, as drafted, has been prepared in close consultation with the Censor, who had necessarily an even closer and more intimate acquaintance of the principal Act and its administration than the Deputy. The Censor considers its provisions reasonable and adequate, and has no suggestions to make of extensions such as the Deputy envisages. I do not know whether the Deputy speaks for the Appeal Board collectively?

I thought that was more or less implied. There must be some limit to the burdens that we have to impose on the Censor, and also, although perhaps this is a small point, some conception of the physical limitations surrounding him. This thing of full-size posters and of every scrap of literature and photographic advertisement in connection with films being poured into his office, does open up a rather appalling prospect of the Censor in a small room trying to work his way through perhaps dozens or scores of ten-feet posters, and to form an opinion as to whether or not they would be objectionable from the point of view of the youth of Ballydehob. The Bill, I think, is reasonable. I have laid it down, and the Deputy, so far, has not questioned it, that this exploitation sheet which must be forwarded to the Censor, together with the films, will contain in miniature all the pictorial or photographic advertisements to be used in connection with the particular film. There is also a provision in the Bill that no incident in the play which is deleted by the Censor on examination can be used as a pictorial advertisement of that play. If, as I say, this exploitation sheet contains posters in miniature, it is open to the Censor if he considers that one of these miniatures might possibly be objectionable as a full-size or a life-size poster, to ask expressly and specifically for that poster.

That is not in the Bill.

I put it to the Deputy that it is open to him to do so. The Censor can do that under penalty of holding up the exploitation sheet, and under penalty of holding up the picture. I am not prepared, after consideration of the amendment, to extend the scope of the Censor's duties other than what the Bill provides, and I ask the Dáil to take the view that the Bill provides adequate and reasonable precautions, and that the suggestions are scarcely practicable in an administrative way.

The Minister asked me if I had spoken on behalf of the Appeal Board, collectively. To that I answered "No." But I do speak on behalf of a considerable proportion of the Board of Appeal, and, what is more, I speak on behalf of the Censor, which I think is a more important matter.

Is the Deputy questioning my statement?

No. My own is a later statement.

Pardon me, I would like to clear this up. The Censor is an official of my Department and I state here that this Bill was prepared in close consultation with the Censor; that, further, I have secured his views with regard to these particular amendments of the Deputy, and I would like to be clear whether the Deputy is expressly questioning them.

No, sir, I am not questioning anything the Minister stated. I am arguing against what he states. These arguments can be weighed and considered by the House and estimated whether they have little or no value, or any value. I leave it at that. The Minister dealt with my amendment, I respectfully submit to him, without reading the clauses of his own Bill. The section I seek to amend is Section 3 (1). That follows Section 2 (1), which reads:—

"It shall not be lawful for any person to display in public in relation to the exhibition of a picture by means of a cinematograph or other similar apparatus any photographic or other reproduction."

I ask the Minister's attention to these words:—

"any photographic or other reproduction of any part of such picture unless such picture, including the part thereof so reproduced, has been certified by the official Censor to be fit for exhibition in public."

My amendment proposes to read in connection with Section 3 (1), where the words are: "shall be accompanied by a copy of the exploitation sheet relating to the picture in respect of which the application is made" by adding "the actual photographic or other reproduction or pictorial representation," etc. It ought to be obvious that these words in my amendment are the words out of the preceding Section 2 (1), namely, "any photographic or other reproduction of any part of such picture." What I submit is that to the Censor there should be proposed for his criticism not all this mass of matter that I have already shown you, complex sheets for innumerable pictures, not the small, but the actual poster or the actual photograph which it is intended to provide to the exhibitor here. That would not impose extra work upon the Censor. On the contrary, it would diminish the amount of his work. Instead of devoting time to the close scrutiny of the smaller representations he could, at a glance, come to his decision with regard to the large poster. It is quite easy to see whether or not it is objectionable. There may be a difficulty later with regard to storage.

Now, on this subject of the Censor, he is a salaried officer of the Ministry of Justice, and the Minister has told us that he has produced this measure in close consultation with the Censor. I also was in close consultation with the Censor, on behalf of my colleagues and myself on the Appeal Board, and, so far as I am aware, the Censor and I are of one opinion in regard to these reforms.

That is not so. Quite definitely it is not so.

Very good. I will not embroil the Censor in the controversy, as he is a public official. I will speak, therefore, exclusively from my own experience, and that of my colleagues. There are several exploitation sheets. It is always possible, besides, for the exhibitor to produce matter of his own; it is possible, as I pointed out to the House, that additional matter may be produced for distribution. If the Minister believes, as obviously he does, that it is easier to call upon the Board of Appeal to give their time and their busy day discussing and entering into discussion on all the details of these little pictures, then he knows more about the mind of the Board of Appeal than I do. No one has any conception of the vast amount of time that is involved in the discharge of these responsibilities of censoring films, of deciding what may or may not come before a general audience. Now, admission must be paid for in order to go into the cinema to see the film; but these posters are exposed to everyone outside—that is part of the publicity campaign—and the Board of Appeal will be called in, no doubt, on occasions where the renter of the film thinks he is aggrieved by rejection on the part of the Censor of his proposed advertising matter, and the Board of Appeal then will be called upon to adjudicate, and to go into all these niceties.

I appeal to the Minister to realise what that means, and what he is imposing on the Board of Appeal. As you will see from the later amendment, it is very difficult to get the Board of Appeal to sit with a proper quorum at proper times. How much will the difficulty be enhanced if they are to consider whether three-by-two, as enlarged to eight-by-four, in colour, would be objectionable, or whether three-by-two does not seem to be objectionable. The question is really a question of greater convenience and greater feasibility. It is a question of which is the more feasible to submit, the exploitation sheet, the publicity campaign sheet, or what the renter proposes to provide. He may not propose to provide in these small towns, or, indeed, for exhibition in Ireland at all, any of the large posters. He may only intend the small things, what are called the "throw aways" or the stills.

No one appreciates more than I do the amount of close attention which the Censor devotes to his work. In the beginning he was technically a part-time officer, but I know that he does a full day's work, and everyone marvels at the devotion—that is the word to use—which the Censor exhibits in the discharge of his very difficult duties. I am speaking in the interests of the Censor. The Minister will hardly challenge that, but I do not claim to speak on his behalf. The Minister is better able to speak on his behalf authoritatively. I know how much work will be imposed on the Censor's office if all these things have to be dealt with one by one. Furthermore, I say in the case of an illustration, which is really a matter across the border, as I have already shown the House, if the Censor rejects it, what weighs with him is the reading matter. The renter may appeal on the ground that the pictorial advertisement is right, and it will be technically right in such a case.

I think everyone in the House sympathises with Deputy Professor Magennis in his very evident anxiety to safeguard public morality in every shape and form. I am one of those who always had very strong views in connection with the possibility of abuse to which a display of films and the literature associated with them may give rise to. I would like to be clear whether the expression, "exploitation sheet," mentioned in Section 1, really covers every conceivable form of advertising matter which might be displayed throughout the country in connection with the showing of any film. That is one of the matters on which the House ought to be clear, because Deputy Professor Magennis has held up to the view of the House a great many different types of literature and illustrations. I would like it to be clear whether this term, "exploitation sheet," embraces every kind of literature which he has described to us. It may be argued from sub-section 2 of Section 3 that the official Censor has very considerable discretion. The wording of that sub-section would seem to protect the public to this extent, that the official Censor had power to deal with these, but would he have power before some subsidiary literature became public? I would ask the Minister to make that clear.

The Deputy asks whether the expression "exploitation sheet" includes all pictorial advertisements in connection with a particular film. It does, except such as it dealt with by Section 2, sub-section (1). That would be extracts, actual photographs taken from the film. These are specially covered by Section 2, sub-section (1).

Amendments put and negatived.

I move:—

In page 2, Section 2 (1), line 31, after the word "picture" to insert the words "or any pictorial advertisement whether as decoration on cover of a programme, or as exhibit in the hall or vestibule of a cinema, purporting to reproduce, or otherwise to represent a scene or situation in any such film picture as aforesaid," and, in line 32, after the word "reproduced" to insert the words "or otherwise represented."

I am afraid that this amendment is condemned by the rejection of Amendment 4, because the purpose is identical. It is to prevent publicity matter of a pictorial kind being circulated which is not in the exploitation sheet of a firm which uses the name "exploitation sheet," and not in the publicity campaign supplemented by a firm that uses that name for its circulars and so on. So far as I understand what the original proposition deals with is a reproduction of a part of a picture. I want to leave no loophole. If anyone argues that this is not a reproduction of a part of a picture, that it is merely giving the spirit, the wild gaiety, for example, that permeates the whole story, I want to see that that contention will not make him escape the clutches of the Minister's section. That is why I introduce the words "purporting to reproduce or otherwise to represent a scene or situation." Very often, in fact usually, these little illustration blocks are made from the actual photographs to which the positive picture shown in the film is a counterpart, and made from the same negative. It is easier, as anyone accustomed to work of this kind is aware, to make a block from a photograph, but it would be possible to employ a draughtsman who would depart from the original in various respects, and then, if the law challenged the exhibition of this, the contention might be raised that this is not a reproduction of a scene in the film and that it is nowhere in the film. Very well. Was it ever before the Censor? How are you going to prove before a court of law that it was not before the Censor unless by calling the Censor as a witness? Then the work of the Censor's office is interrupted and more duties are imposed on the Censor. The object of the amendment is to make this watertight so that there can be no leakage.

I submit, although I realise that the Minister will not accept this, that we require to put in the words: "any pictorial advertisement whether as decoration on the cover of a programme." Programmes might be circulated free, as they sometimes are, and the actual picture that decorates the programme may not have been, and very often is not, in the publicity sheets, and, therefore, if the law stood as in the Bill, would not come under the eye or the observation of the Censor in his critical capacity. There are a great many loopholes that, perhaps, the public are not aware of, and when the Censor has cut a picture, and gives a certificate for the picture as cut, it is quite possible later, when the picture is worn out, and a new one is provided for exhibition, that through inadvertence, or oversight of some sort, the uncut picture may come back, and have the Censor's signature affixed to it and be exhibited. No one has intentionally broken the law, but there it is. Similarly, after a while reproductions, "stills" as they are called, photographic exhibitions by way of enlargement of the photograph and posters based on those cuts of whose excision from the film the firm has become unaware, may in the course of time find their way in. If the actual poster were filed and numbered in the Censor's office it would clear up the situation if there were any difficulties. However, I do not want to press this if it is not acceptable to the Minister.

My view about the amendment is substantially my view on the two previous amendments. I do not consider it necessary, and I do not consider that it really is a practical contribution to the Bill. There are, as I have said, two classes of posters used in connection with the advertising of a film. There are those prepared by the manufacturers, and reproduced in the exploitation sheet which under the Bill must be forwarded to the Censor with the film, and the photographic extract from the picture which is used for lobby or publicity display. Class one must under the Bill be submitted to the Censor—that is the exploitation sheet. Class two cannot be exhibited under section 2, sub-section (1), unless the portion of the film from which they are extracted has itself been passed by the Censor. Accordingly, there seems to be no necessity for having a section prohibiting the exhibition in the lobby of the picture house of posters purporting to represent incidents in the play, unless the incidents were represented as in the play as passed by the Censor. It may be assumed that the Censor after objecting to, and deleting certain incidents of the film, will also prohibit the exhibition of posters illustrating these incidents. On these grounds I do not propose to accept the amendment.

I appreciate the position of the Minister in not desiring to overload, and, by such overloading, make impossible the work of the Censor, but I think that his very narrow rendering is going to make null and void the greater part of his purpose in promoting this Bill. He speaks of the photographic or other reproductions of any part of such a picture, and it appears from that that the object is to prevent the publishing of enlargements of photographs. I think a good deal of the objection that has been raised has not been to photographs at all. The Minister spoke of posters, but could it be maintained that a picture on posters produced by an entirely different process was a reproduction of any photograph which appeared on the screen?

No. What the Deputy refers to, the posters, will appear in miniature in the exploitation sheet.

Supposing it does not?

It does in fact.

It may have been in the past, but you are not arranging for censorship, and to avoid the censorship and get the same results they will not appear in the exploitation sheets. Let us bear in mind the possibility that all the evil in the world does not come from the exploiter outside the country. We might not unreasonably expect that cinema proprietors in the country would arrange for illustrations of the scenes to be exhibited next week, or pretending that such scenes or pictures would be presented in the picture house. That is not an exploitation sheet, for it is provided by the owner of the cinema and not by the renter of the picture. But under Section 2, there is no censorship, no prohibition, no restriction, of that kind of freedom, and I think that if the Minister desires to restrict the illustration parts of pictures which have been deleted and eliminated by the Censor he will have to arrange for some censorship of any picture purporting to illustrate a picture that is to be exhibited. Otherwise, I am afraid if there is any desire at all on the part of cinema proprietors or exhibitors to exhibit pictures of an enticing kind, even though they are not a true presentation of what they intend to produce—unfortunately, that is a charge which has been dealt with on good grounds against many proprietors—this section will not effect the end the Minister seeks. It seems to me he will have to introduce some section dealing with what purports to represent the picture on show. I think the Minister is going to defeat his end by his rigidity in this case.

The fact is that the Minister's section will hit only those pictorial representations which are true, that are, in fact, genuine reproductions of matter in the film originally, whereas if a fancy sketch or an untrue representation of the picture is exhibited his section does not apply. It is an obvious loophole in the section for those who wish to offend, and go scot free while offending.

Amendment put.
The Committee divided: Tá, 18; Níl, 29.

  • Thomas Bolger.
  • Seán Buitléir.
  • Próinsias Bulfin.
  • Bryan R. Cooper.
  • Séamus Eabhróid.
  • Patrick J. Egan.
  • Darrell Figgis.
  • Tomás Mac Eoin.
  • Risteárd Mac Fheorais.
  • Pádraig Mac Fhlannchadha.
  • Liam Mag Aonghusa.
  • Tomás de Nógla.
  • Criostóir O Broin.
  • Tomás O Conaill.
  • Aodh O Cúlacháin.
  • Eamon O Dubhghaill.
  • Domhnail O Mocháin.
  • Tadhg O Murchadha.

Níl

  • Seoirse de Bhulbh.
  • Séamus de Búrca.
  • John Conlan.
  • Sir James Craig.
  • Desmond Fitzgerald.
  • John Good.
  • John Hennigan.
  • Liam Mac Cosgair.
  • Séamus Mac Cosgair.
  • Pádraig Mac Fadáin.
  • Patrick McGilligan.
  • Risteárd Mac Liam.
  • Seoirse Mac Niocaill.
  • Martin M. Nally.
  • Michael K. Noonan.
  • Peadar O hAodha.
  • Mícheál O hAonghusa.
  • Risteárd O Conaill.
  • Séamus O Dóláin.
  • Mícheál O Dubhghaill.
  • Pádraig O Dubhthaigh.
  • Eamon O Dúgáin.
  • Seán O Duinnín.
  • Donnchadh O Guaire.
  • Mícheál O hIfearnáin.
  • Aindriú O Láimhín.
  • Séamus O Leadáin.
  • Máirtín O Rodaigh.
  • Caoimhghín O hUigín.
Tellers.—Tá: Liam Mag Aonghusa, Risteárd Mac Fheorais. Níl: Séamus O Dóláin, P.J. Egan.
Amendment declared lost.
Amendment 5 not moved.

I beg to move:—

In page 2, section 3 (2), lines 49 and 50, to delete the words "would be calculated to convey" and substitute the words "conveys"; and in line 50 to delete the words "would be" and substitute the word "is."

This amendment will appeal to the Minister inasmuch as he has in mind to reduce as far as possible the labour cast on the Censor. According to the Bill, the Censor is to decide whether the display thereof in public would be calculated to convey suggestiveness or would be otherwise subversive of public morality. I propose that all he has got to decide is whether it is the fact that it conveys something, or whether it actually is subversive of public morality. In other words it is not conjectural. It is a question of whether in his present judgment, looking at the pictorial advertisement, it is of a calibre to do those objectionable things—not that it would be—otherwise to remove the contingent element out of the thing and make it actuality.

I may be misunderstanding the amendment, but I do not see how the Censor could form an opinion that the exhibition in public of a poster actually conveys suggestions contrary to public morality before the poster has, in fact, been exhibited in public. I think the language of the Bill is accurate and is an exact description of what the Censor has to do. He has to calculate what the effect of a particular picture or representation would be when, and if, exhibited publicly. It is the Deputy I think that puts the burden on the Censor by asking him to say that the exhibition in public of a poster conveys a certain impression before the poster is, in fact, exhibited in public.

Will the Minister agree to strike out the words "be calculated to" and to say "would convey"?

Certainly I would do that. I would prefer to do that rather than to accept the amendment.

I accept that.

Amendment—To delete the words "be calculated to"—put and agreed to.

I think we can at this stage move to report progress.

If that is agreed, I hope the Dáil will recognise that in case I am not able to move these amendments it is not through any intention of discourtesy to the Dáil, but that it is simply due to unavoidable absence to which I referred already.

Barr
Roinn