Legge 09 luglio 2009

Legge 9 luglio 2009: “Defamation Act 2009” (*)

(* Non ancora in vigore. Approvato dal Parlamento e firmato dal Presidente irlandese il 23 luglio 2009. La legge entrerà in vigore con l’emanazione dell’apposito commencement order da parte del ministro della giustizia).

DEFAMATION BILL 2006
AN BILLE UM CHLU´ MHILLEADH 2006

as passed by Dáil Éireann
Mar a ritheadh ag Da´il E´ ireann

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PART 5

Criminal Liability

35.—The common law offences of defamatory libel, seditious libel and obscene libel are abolished.

36.—(1) A person who publishes or utters blasphemous matter 5 shall be guilty of an offence and shall be liable upon conviction on indictment to a fine not exceeding 25,000.
(2) For the purposes of this section, a person publishes or utters blasphemous matter if—
(a) he or she publishes or utters matter that is grossly abusive 10 or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion, and
(b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.
(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
(4) In this section “religion” does not include an organisation or 20 cult—
(a) the principal object of which is the making of profit, or
(b) that employs oppressive psychological manipulation—
(i) of its followers, or
(ii) for the purpose of gaining new followers.

37.—(1) Where a person is convicted of an offence under section 36, the court may issue a warrant—
(a) authorising any member of the Garda Sı´ocha´na to enter (if necessary by the use of reasonable force) at all reasonable times any premises (including a dwelling) at which he or she has reasonable grounds for believing that copies of the statement to which the offence related are to be found, and to search those premises and seize and remove all copies of the statement found therein,
(b) directing the seizure and removal by any member of the Garda Sı´ocha´na of all copies of the statement to which the offence related that are in the possession of any person,
(c) specifying the manner in which copies so seized and removed shall be detained and stored by the Garda Sı´ocha´ na.
(2) A member of the Garda Sı´ocha´na may—
(a) enter and search any premises,
(b) seize, remove and detain any copy of a statement to which an offence under section 36 relates found therein or in
the possession of any person, in accordance with a warrant under 5 subsection (1).
(3) Upon final judgment being given in proceedings for an offence under section 36, anything seized and removed under subsection (2) shall be disposed of in accordance with such directions as the court may give upon an application by a member of the Garda Sı´ocha´na in that behalf.

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