For the most part it was a cudgel wielded initially by fascistic elements in the Dublin government, before becoming normalised, to break the mouths of republicans during the North's violent political conflict.
Section 31 was part of the Broadcasting Act that set up RTE in 1960. It was wide in scope, allowing the government to virtually ban anything it chose. Ministers promised to use it only in exceptional circumstances which they deemed had arrived with the emergence of the Provisional IRA and Sinn Fein. The Act fully came into its own in 1976 when Conor Cruise O'Brien unabashedly dedicated its usage to the censorship of one political party - Sinn Fein. Eighteen years would pass before Michael D Higgins opted not to renew the ban on Sinn Fein from the airwaves.
Fast forward twenty eight years from the Cruiser muzzle, and Sinn Fein is the party now most in favour of gagging political opponents. Poacher turned gamekeeper, its weapon of choice is not Section 31 but Strategic Lawsuits Against Public Participation, otherwise known as SLAPP. This has been largely responsible for Ireland's decline in the annual global index of press freedom. It now lies eighth, having dropped from second behind Norway, making this part of Ireland a place “where politicians have subjected media outlets to judicial intimidation”. Don't expect that to feature in any of the party's election literature.
Section 31 was part of the Broadcasting Act that set up RTE in 1960. It was wide in scope, allowing the government to virtually ban anything it chose. Ministers promised to use it only in exceptional circumstances which they deemed had arrived with the emergence of the Provisional IRA and Sinn Fein. The Act fully came into its own in 1976 when Conor Cruise O'Brien unabashedly dedicated its usage to the censorship of one political party - Sinn Fein. Eighteen years would pass before Michael D Higgins opted not to renew the ban on Sinn Fein from the airwaves.
Fast forward twenty eight years from the Cruiser muzzle, and Sinn Fein is the party now most in favour of gagging political opponents. Poacher turned gamekeeper, its weapon of choice is not Section 31 but Strategic Lawsuits Against Public Participation, otherwise known as SLAPP. This has been largely responsible for Ireland's decline in the annual global index of press freedom. It now lies eighth, having dropped from second behind Norway, making this part of Ireland a place “where politicians have subjected media outlets to judicial intimidation”. Don't expect that to feature in any of the party's election literature.
The index is the project of Reporters Without Borders, which last year wrote to Mary Lou McDonald expressing its concerns at the deleterious effect on media freedom occasioned by Sinn Fein's use of SLAPP:
We are writing to you to express our alarm at the news that Sinn Féin TD Chris Andrews is taking legal action against The Irish Times and its political correspondent Harry McGee in response to an article about Sinn Féin’s response to the Hamas attack published last month . . . This is the latest in a series of legal actions taken by members of your party in recent years, including against journalists, an author, a publisher and the public service broadcaster RTÉ.
While a point of convergence between Sinn Fein and the far right, thus far Sinn Fein has not had things all its own way, meeting stiff resistance to its strategy of intimidation. Its career politicians have failed repeatedly in the courts with legal actions against those who express opinions the party would rather see suffocated. Gerry Kelly, now trying to fill the jackboots of Conor Cruise O'Brien, has suffered two defeats, first against Malachi O'Doherty and most recently against Ruth Dudley Edwards. The views of both O'Doherty and Dudley Edwards do not have to chime with our own for us to realise that their victories for freedom of inquiry over Kelly's attempt to stymie it are as crucial as they are welcome.
There should only ever be one response to SLAPP. When it raises its ugly head, slap it down.
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Because of their behaviour in attempting to curtail a free press and their 'bowls of shamrocks,' there'll be no votes for PSF from this house unless you count one's last preference. I sometimes amuse myself by voting right through the card.
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