Video Recordings Act , 1989

1 Interpretation.

1.—(1) In this Act—

“the Appeal Board” means the Censorship of Films Appeal Board, established by the Censorship of Films Act, 1923;

“business”, except in subsections (1) (b) and (3) (a) of section 2 and section 19 (2) (c) of this Act, includes any activity carried on by a club;

“a classification” means a classification of a video work by the Official Censor under section 4 of this Act;

“exempted supply” has the meaning assigned to it by section 2 of this Act;

“exempted work” means a video work that, taken as a whole—

(a) is designed to inform, educate or instruct,

(b) is concerned with religion, music or sport, or

(c) is a video game,

and that does not fall within a description specified in paragraph (a) or (b) of section 3 (1) of this Act;

“licence” means a wholesale licence or a retail licence;

“the Minister” means the Minister for Justice;

“the Official Censor” means the Official Censor of Films appointed under the Censorship of Films Act, 1923, and includes a person appointed under section 2 (3) of that Act;

“premises” includes any vehicle, vessel or stall;

“prescribed” means prescribed by regulations made by the Minister;

“prohibition order” has the meaning assigned to it by section 7 of this Act;

“retail licence” has the meaning assigned to it by section 18 (2) of this Act;

“supply” means supply in any manner, whether or not for reward and, therefore, includes supply by way of sale, letting on hire, exchange or loan, and cognate words shall be construed accordingly;

“supply certificate” has the meaning assigned to it by section 3 of this Act;

“video recording” means any disc or magnetic tape containing information by the use of which the whole or a part of a video work may be produced;

“video work” means any series of visual images (whether with or without sound)—

(a) produced, whether electronically or by other means, by the use of information contained on any disc or magnetic tape, and

(b) shown as a moving picture;

“wholesale licence” has the meaning assigned to it by section 18 (1) of this Act.

(2) For the purposes of this Act, a video recording contains a video work if it contains information by the use of which the whole or a part of the work may be produced; but where a video work includes an extract from another video work, that extract shall not be regarded, for the purposes of this subsection, as part of that other work.

(3) Where an alteration (which expression includes an addition) is made to a video work in respect of which a supply certificate is in force for the time being, the certificate shall not be treated for the purposes of this Act as being in force in respect of the altered work.

(4) References in this Act to selling or to letting on hire include references to agreeing or offering to sell or to let on hire and to inviting offers to buy or to take on hire.

2 Exempted supplies.

2.—(1) In this Act “exempted supply” means a supply of a video recording—

(a) that is neither a supply for reward nor a supply in the course or furtherance of a business, or

(b) by a person to another person (including a person acting on behalf of that other person) who, in the course of a business, makes video works or supplies video recordings, being a supply—

(i) that is not made with a view to any further supply of the recording, or

(ii) if it is so made, that is not made with a view to the eventual supply of the recording to the public or is made with a view to its eventual supply to the first-mentioned person,

or

(c) where the recording contains a video work designed to provide a record of an event or occasion for those who took part in the event or occasion or are connected with those who did so and the work does not fall within a description specified in paragraph (a) or (b) of section 3 (1) of this Act, and the supply is to a person aforesaid, or

(d) that is a supply for the purpose only of enabling the video work concerned to be exhibited in public in accordance with a certificate under the Censorship of Films Acts, 1923 to 1970, or

(e) that is a supply with a view only to its use for or in connection with a service under the Broadcasting Authority Acts, 1960 to 1979, or a service provided pursuant to a licence under the Wireless Telegraphy Acts, 1926 to 1988, or

(f) that is a supply for the purpose only of submitting the video work concerned to the Official Censor in connection with an application for a supply certificate in respect of the work or for the purpose only of an appeal to the Appeal Board under section 10 of this Act, or

(g) that is a supply with a view only to its use—

(i) in training for or carrying on an occupation for the carrying on of which a person is required to be registered under the Medical Practitioners Act, 1978, or the Nurses Act, 1985, or

(ii) for the purpose of services provided in pursuance of the Health Acts, 1947 to 1987,

or

(h) that is a supply otherwise than for reward and is made for the purpose only of supplying the recording to a person who previously made an exempted supply of it.

(2) Where on any premises facilities for supplying video recordings are provided in the course or furtherance of a business, the supply by a person of a video recording on those premises is, for the purposes of subsection (1) (a) of this section, a supply in the course or furtherance of a business.

(3) For the purposes of subsection (1) (b) of this section, a supply is a supply to the public unless it is—

(a) a supply to a person who, in the course of a business, makes video works or supplies video recordings,

(b) an exempted supply by virtue of paragraph (a), (c), (d), (e), (f) or (g) of subsection (1) of this section, or

(c) a supply outside the State.

3 Certification of video works.

3.—(1) The Official Censor shall, on application to him in relation to a video work, grant to the person making the application (referred to in this section as the applicant) a certificate (referred to in this Act as a supply certificate) declaring the work to be fit for viewing unless he is of opinion that 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 reason 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 and torture) towards humans or animals.

(2) The Official Censor shall not refuse to grant a supply certificate in respect of a video work in respect of which a general certificate or a limited certificate under the Censorship of Films Acts, 1923 to 1970, is in force.

(3) Where, pursuant to subsection (1) of this section, the Official Censor is of opinion that a supply certificate in respect of a video work should not be granted, he shall thereupon—

(a) make a prohibition order in respect of the work under section 7 of this Act, and

(b) send a notification in writing to the applicant of his refusal to grant a supply certificate in respect of the work and of the making of a prohibition order in respect thereof.

(4) The applicant shall submit to the Official Censor a video recording of the video work to which his application relates and such other information as may reasonably be required by the Official Censor and shall pay to the Official Censor in respect of the application such fee as may be prescribed with the consent of the Minister for Finance.

4 Classification of video works.

4.—(1) When granting a supply certificate the Official Censor shall determine, and shall include in the certificate a statement indicating, to which of the following classes the video work concerned belongs:

(a) fit for viewing by persons generally,

(b) fit for viewing by persons generally but, in the case of a child under the age of 12 years, only in the company of a responsible adult,

(c) fit for viewing by persons aged 15 years or more,

(d) fit for viewing by persons aged 18 years or more,

and for the purposes of this Act the class specified in paragraph (a) of this subsection is the highest classification and that specified in paragraph (d) of this subsection is the lowest classification and that specified in paragraph (b) of this subsection is higher than that specified in paragraph (c) of this subsection and references in this Act to classification or higher classification or lower classification shall be construed accordingly.

(2) A statement indicating a classification other than the highest classification shall not be given in a supply certificate unless the Official Censor has examined a video recording containing the video work to which the certificate relates.

(3) Where the classification of a video work is not the highest classification, the Official Censor may withdraw the classification and give the work a higher classification and, if he does so, he shall revoke the supply certificate concerned and grant another supply certificate in respect of the work in which is included a statement indicating the higher classification.

(4) (a) The Minister may by regulations amend (whether by the addition, deletion or alteration of classes) the classes specified in subsection (1) of this section:

Provided however that an amendment under this paragraph shall not have the effect of providing a classification indicating that a video work is fit for viewing only by persons aged more than 18 years.

(b) Where it is proposed to make regulations under this subsection, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft shall have been passed by each such House.

5 Prohibition of supply of video recordings of uncertificated video works.

5.—(1) A person who supplies or offers to supply a video recording containing a video work in respect of which a supply certificate is not in force for the time being shall be guilty of an offence unless—

(a) the supply is, or would if it took place be, an exempted supply, or

(b) the work is an exempted work.

(2) It shall be a defence to a charge of committing an offence under this section to prove that the accused believed on reasonable grounds—

(a) that the video work concerned or, if the video recording concerned contained more than one work to which the charge relates, each of the works was either an exempted work or a work in respect of which a supply certificate was in force at the time of the commission of the offence alleged, or

(b) that the supply concerned was, or would if it took place be, an exempted supply by virtue of paragraph (b) or (c) of section 2 (1) of this Act.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 3 years or to both.

6 Prohibition of possession of video recordings for supply contrary to section 5.

6.—(1) A person who has in his possession for the purpose of supplying it a video recording containing a video work in respect of which a supply certificate is not in force for the time being shall be guilty of an offence unless—

(a) he has it in his possession for the purpose only of a supply that, if it took place, would be an exempted supply, or

(b) the work is an exempted work.

(2) It shall be a defence to a charge of committing an offence under this section to prove that the accused—

(a) believed on reasonable grounds that the video work concerned or, if the video recording concerned contained more than one work to which the charge relates, each of the works was either an exempted work or a work in respect of which a supply certificate was in force at the time of the commission of the offence alleged,

(b) had the video recording concerned in his possession for the purpose only of a supply that he believed on reasonable grounds would, if it took place, be an exempted supply by virtue of paragraph (b) or (c) of section 2 (1) of this Act, or

(c) did not intend to supply the video recording concerned until a supply certificate was granted in respect of the video work concerned.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 3 years or to both.

7 Prohibition orders in respect of video works.

7.—(1) If the Official Censor, having examined a video recording containing a video work (whether or not it is a video work in respect of which a supply certificate is in force for the time being), is of opinion that 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 reason 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 and torture) towards humans or animals,

he may make an order (referred to in this Act as a prohibition order) prohibiting the supply of video recordings containing the work.

(2) If a prohibition order is made in respect of a video work and a supply certificate is in force in respect of the work, the supply certificate shall cease to have effect on the coming into operation of the order.

(3) The Official Censor may by order revoke a prohibition order and, if he does so, he shall grant a supply certificate in respect of the video work concerned on the date the revocation takes effect.

(4) The Official Censor shall cause a copy of a prohibition order and of an order revoking a prohibition order to be published in Iris Oifigiúil as soon as may be after its making, and such an order shall come into operation upon such publication.

8 Prohibition of supply of video recordings of prohibited video works.

8.—(1) A person who supplies or offers to supply a video recording containing a video work in respect of which a prohibition order is in force for the time being shall be guilty of an offence unless the supply is, or would if it took place be, an exempted supply.

(2) It shall be a defence to a charge of committing an offence under this section to prove that the accused believed on reasonable grounds—

(a) that—

(i) the video work concerned was not a work in respect of which a prohibition order was in force at the time of the commission of the offence alleged, or

(ii) if the video recording concerned contained more than one video work to which the charge relates, none of the works was a work in respect of which a prohibition order was in force at the time aforesaid,

or

(b) that the supply concerned was, or would if it took place be, an exempted supply by virtue of paragraph (b) or (c) of section 2 (1) of this Act.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 3 years or to both.

9 Prohibition of possession of video recordings for supply contrary to section 8.

9.—(1) A person who has in his possession for the purpose of supplying it a video recording containing a video work in respect of which a prohibition order is in force for the time being shall be guilty of an offence unless he has it in his possession for the purpose only of a supply that, if it took place, would be an exempted supply.

(2) It shall be a defence to a charge of committing an offence under this section to prove that the accused—

(a) believed on reasonable grounds that—

(i) the video work concerned was not a work in respect of which a prohibition order was in force at the time of the commission of the offence alleged, or

(ii) if the video recording concerned contained more than one video work to which the charge relates, none of the works was a work in respect of which a prohibition order was in force at the time aforesaid,

or

(b) had the video recording concerned in his possession for the purpose only of a supply that he believed on reasonable grounds would, if it took place, be an exempted supply by virtue of paragraph (b) or (c) of section 2 (1) of this Act.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 3 years or to both.

10 Appeal to Censorship of Films Appeal Board.

10.—(1) A person who is aggrieved by a prohibition order may, not later than 3 months after the date of the publication of the order in Iris Oifigiúil, appeal in the prescribed manner to the Appeal Board against the order and the Appeal Board may affirm the decision of the Official Censor or revoke the order.