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Radical Queers Resist block abortion imagery by the Irish Centre for Bio-Ethical Reform. Twitter/RadQueersResist

Is it a crime to display graphic abortion imagery in public places?

Some have argued that gardaí should be telling protesters to remove the imagery.

A PROTEST IS being planned today outside the offices of the DPP in relation to the ongoing use of graphic abortion imagery at Irish hospitals and elsewhere.

The imagery has been displayed by a group called the Irish Centre for Bio-Ethical Reform (ICBR) and was criticised by both sides during the referendum campaign.

Activist group Radical Queers Resist has been organising counter protests against the ICBR and has been attempting to block the imagery from public view.

As part of these efforts, Radical Queers Resists is today protesting outside the Director of Public Prosecutions saying that the use of such imagery is a crime and should be prevented by gardaí.

“It is disgusting that the people of this island are subject to this retraumatisation and exposed to such distressingly obscene imagery, while An Garda Síochána are told by the DPP that they cannot remove the images because they are “inoffensive” and to just ensure no physical violence breaks out,” the group said in a statement ahead of today’s protest.

So what is the legal situation with regards to the use of such imagery?

Those who have been calling for gardaí to intervene and remove the imagery have pointed to Section 7 of the Criminal Justice (Public Order) Act, saying that it could be used.

This is what the section states:

(1) It shall be an offence for any person in a public place to distribute or display any writing, sign or visible representation which is threatening, abusive, insulting or obscene with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned.(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding three months or to both.

Subsection (1) above raises a number of questions in relation to the abortion imagery.

The first is whether such imagery could be construed as “threatening, abusive, insulting or obscene”.

The ICBR has repeatedly defended the use of the imagery but it itself accepts that the images are “horrific”, insisting that it represents “the reality of abortion”.

Whether or not the images are “obscene”, however, is the question.

In a factsheet about public order offences, the Citizens Information Board pointed out that determining something as “obscene” may be difficult.

“The main difficulty which arises in Section 7 is the fact that while something may be obscene to one person it might be thought to be quite normal by another person,” the board states.

Despite this, courts are able to decide whether an image is perceived as obscene by the average person.

The Citizens Information Board goes on to describe how the issue of sensitivity was dealt with by the European Court of Human Rights in the 1991 case of Muller v. Switzerland:

That case considered a conviction in Switzerland against Mr Muller for displaying obscene paintings. The paintings depicted, in a crude manner, sexual relations between men and animals. The court held that the paintings were liable or likely to grossly offend the sense of sexual propriety of persons of ordinary sensitivity. It can therefore be said that the courts will apply the “ordinary man” test when deciding if the distribution or display of material is obscene or not.

Tweet by @Radical Queers Resist Radical Queers Resist / Twitter Radical Queers Resist / Twitter / Twitter

Whether or not the courts were to determine that the abortion imagery was indeed obscene, there is a second question raised by the text of the Public Order Act.

This is whether or not the individual intended to provoke a breach of the peace, or whether they were “reckless as to whether a breach of the peace may be occasioned”.

The ICBR maintains that it is not its intention to provoke a breach of the peace, but is it possible to argue that they were reckless in their actions?

Recklessness is a complicated concept in but legal blog Irish Law summarises it as being when an individual engages in “conduct that involves taking an unjustifiable risk of causing harm to others”.

It notes that it in deciding on whether something is justifiable, a court may consider the “social utility of the activity involved”.

Take it down

Aside from the possibility of conviction under Section 7 of the act, Section 8 sets out that a member of An Garda Síochana may direct an individual to desist from an activity if they suspect that the activity may be in breach of the Public Order Act.

Failure to comply with the direction of the garda is an offence under Section 8.

A garda may make this direction if they suspect “with reasonable cause” that the individual is in breach of Section 7.

Today’s protest outside the office’s of the DPP by Radical Queers Resist is due to begin at 2pm today.

In response to queries by TheJournal.ie, the office of the DPP had no comment to make about the protest or the use of Section 7 in relation to abortion imagery.

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    Mute Joe Mc
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    Jun 20th 2018, 6:25 AM

    So in other words they want to live in a bubble and pretend it doesn’t happen.

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    Mute DJ François
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    Jun 20th 2018, 6:38 AM

    @Joe Mc: It is about points in law and definitions of offence actually.

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    Mute Barry Somers
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    Jun 20th 2018, 7:08 AM

    @Joe Mc: so you think a woman who just had a miscarriage or lost a baby should come out of hospital and see these images? That’s OK?

    Claiming we need to show people the reality is nonsense, we don’t show pictures of rotting body’s outside graveyards or pictures of graphic porn outside schools to stop children looking at porn

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    Mute Joe Mc
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    Jun 20th 2018, 7:27 AM

    @Barry Somers: big difference between a miscarriage and abortion. Having been there i know a miscarriage brings up all sorts of emotions. Even the sight of a new born baby hurts. But abortion is something totally different

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    Mute Joe Mc
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    Jun 20th 2018, 7:29 AM

    @DJ François: 14 yrs in jail for taking abortion pills is a point of law that was never enforced so lets not go there

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    Mute DJ François
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    Jun 20th 2018, 7:54 AM

    @Joe Mc: yes and? Your point is not relevant.

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    Mute Barry Somers
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    Jun 20th 2018, 8:22 AM

    @Joe Mc: strange thing is, no matter how bad the no side claimed abortion was, no matter how much they claimed it was murder they never once requested the government to enforce that 14 year sentence.

    It’s almost as if they didn’t think abortion was murder, even though they claimed it was all the time!

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    Mute David Quigley
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    Jun 20th 2018, 8:26 AM

    @Joe Mc: Let’s go there Joe. Would you rather we imprisoned women who take abortion pills?

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    Mute Rob Cahill
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    Jun 20th 2018, 9:04 AM

    @Joe Mc: And an abortion doesn’t bring up any emotions?? Are you for real??

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    Mute Marieb Morgan
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    Jun 20th 2018, 10:22 AM

    @DJ François: These images should be used by the Gov to inform people of the reality of the consequences of abortion, made available in Doctors surgeries, in abortion clinics to anyone making the decision to abort, just as warnings are given on cig packets, dangerous driving ads…Also stories of post-abortion healing stories should be highlighted by Gov & organisations which help..

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    Mute Marieb Morgan
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    Jun 20th 2018, 10:43 AM

    @DJ François: These are living babies something to inspire awe and wonder, all of us at 7 or 10 weeks gestation!

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    Mute Donnachaín Ní Uallacháin
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    Jun 20th 2018, 10:51 AM

    @Joe Mc: there is no evidence to support the images being displayed by the ICBR are of aborted fetuses. They are more likely to be those of miscarried or stillborn fetuses. Any mother or father who has been through a pregnancy loss, no matter what the circumstances will find these pictures grossly offensive, hurtful and damaging.

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    Mute Claire
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    Jun 20th 2018, 2:40 PM

    @Joe Mc: Everyone in the entire country has already seen these images, they will always be just a google search away.

    We are talking about the (mostly American) people who DAILY stand outside of Dublin maternity hospitals with huge printed banners of these images.
    The referendum already passed, we know the images don’t have any effect on peoples moral view of abortion. But they do affect those who are currently pregnant or have miscarried.

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    Mute Nessa Brady
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    Jun 20th 2018, 6:49 AM

    The issue here isn’t censorship, it’s common decency. You don’t campaign against speeding by holding massive pictures depicting what exactly happens to the human body in a road traffic accident! It’s called compassion. These images show no regard whatsoever for the personal lives or voting habits of the people around them.The images the ICBR are holding May depict abortion but they also depict the aftermath of miscarriage and abortion after FFA. These are traumatizing images to couples who have gone through that ordeal. They pop up on any street at any time in broad daylight while there’s kids around – we no longer censor films in this country but we still slap it with an age rating. Ironically these people show no concern for the lives around them that they say they’re protecting.

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    Mute Danny Sherrard
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    Jun 20th 2018, 6:54 AM

    @Nessa Brady: I think the main issue is where these posters are located. Outside hospitals is just plain sick and wrong.

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    Mute Barry Somers
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    Jun 20th 2018, 7:09 AM

    @Danny Sherrard: they’ve also put them outside schools and fast food restaurants

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    Mute Stevo02 Scofield
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    Jun 20th 2018, 7:16 AM

    @Nessa Brady: So should the horrific speeding ads on rte be banned also then?

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    Mute Nessa Brady
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    Jun 20th 2018, 7:31 AM

    @Stevo02 Scofield: no of course not – but the point is that they are depictions of the emotional carnage left behind by speeding. They don’t just present a photograph of an actual dead motorcyclist saying “a real dead body moments after an accident”. Their material is deliberately gratuitous for gratuitous sake.

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    Mute Stevo02 Scofield
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    Jun 20th 2018, 8:11 AM

    @Nessa Brady: They not only show the depictions but the actual event of a child being run over so what about the victims of that horific event? Its ok for them to see that but a picture of an unborn inside a womb must be banned. You also know that the speeding ads are deliberately gratuitous to prevent speeding but your ok with that. Your not making any sense its complete double standards.

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    Mute Nessa Brady
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    Jun 20th 2018, 8:25 AM

    @Stevo02 Scofield: I’ve never seen an ad depicting a child being run over. I’ve seen the lead up to it of course but never the actual collision itself. Of course those ads are going to upset people – but even those people call for them to be aired to save lives. Using your phone at the wheel or speeding or driving while drunk are all avoidable actions after all. You may think abortion is an avoidable action – that’s not an argument I’m getting into with you. Also, the ICBR don’t only show pictures of babies in the womb which I’m sure you already knew. No one takes issue with those pictures which are used in documentaries and in biology books for goodness sake. You know the pictures I’m referring to are obviously the ones of bloodies featuses outside the womb. So, to sum up, road traffic accidents aiming to reduce reckless and illegal behaviour of the few, ICBR posters aiming to shock, offend and upset the blameless circumstances of many. No double standard. Just good old fashioned logic really.

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    Mute Stevo02 Scofield
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    Jun 20th 2018, 10:00 AM

    @Nessa Brady: And those people who show the pictures are trying to save lives ..logical no?

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    Mute Willy Malone
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    Jun 20th 2018, 6:20 AM

    So it’s legal but under wraps!
    Keep from sensitive public whom voted yes?

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    Mute Chucky Arlaw
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    Jun 20th 2018, 7:14 AM

    @Willy Malone: so you agree with showing these posters outside maternity hospitals?

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    Mute Veronica
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    Jun 20th 2018, 7:29 AM

    @Chucky Arlaw: of course he does. It was never about protecting unwanted/unviable foetuses, it was always about punishing and controlling women. There is literally no other point to this.

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    Mute David Quigley
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    Jun 20th 2018, 8:33 AM

    @Willy Malone: People are well aware what they voted for. Thanks.

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    Mute Lily
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    Jun 20th 2018, 10:48 AM

    @Willy Malone:

    You could compare it too the graphic images on tobacco products.

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    Mute Dave Doyle
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    Jun 20th 2018, 6:42 AM

    If it’s not illegal it should be.

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    Mute Steven C. Schulz
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    Jun 20th 2018, 6:53 AM

    @Dave Doyle: Speech should never be illegal.

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    Mute Barry Somers
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    Jun 20th 2018, 7:11 AM

    @Steven C. Schulz: and yet certain stuff is,
    Unless you think a KKK type organisation should be able to say how much they hate black people and how they are a lower class.

    Or do you think this should be allowed happen in Ireland?

    Perhaps they could broadcast this outside schools like has been done with these graphic images. That sound OK to you?

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    Mute Dave Doyle
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    Jun 20th 2018, 7:19 AM

    @Steven C. Schulz: Speech??? Showing the results of miscarriages and passing them off as abortion to shock and fool people is speech according to you?
    These fascists should be run off the streets.

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    Mute Veronica
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    Jun 20th 2018, 7:57 AM

    @Steven C. Schulz: funny I don’t see you commenting that when some fellas keep complaining that I should be banned for pointing out certain things.

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    Mute Hans Vos
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    Jun 20th 2018, 9:20 AM

    @Veronica: Pointing out is ok. Lying is not allowed.

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    Mute Native
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    Jun 20th 2018, 10:32 AM

    @Dave Doyle:

    Communist

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    Mute Native
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    Jun 20th 2018, 10:43 AM

    @Dave Doyle:

    Do you really think our incompetent health service and government could really prevent something similar happen on our shores?
    A nice dose of reality for you Dave.

    https://youtu.be/rJPLzMIC7CI

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    Mute Kevin
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    Jun 20th 2018, 6:14 AM

    Sure let’s have a book burning while we’re at it.

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    Mute Chucky Arlaw
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    Jun 20th 2018, 7:14 AM

    @Kevin: are you saying then that you agree with showing these posters outside maternity hospitals?

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    Mute Kevin
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    Jun 20th 2018, 11:16 AM

    @Chucky Arlaw:

    I object specifically to censorship of this kind. Smacks of a selective morality. Individual feelings are not necessarily paramount under all circumstances. Let people comprehend all sides of the abortion debate including imagery and make their own mind up.

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    Mute Mr. Grumble
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    Jun 20th 2018, 9:02 AM

    “I’m perfectly happy to vote for and support this, but don’t you dare show me what it looks like!”

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    Mute SC
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    Jun 20th 2018, 6:38 AM

    I don’t think our public policy should be directed by a gang out rebellious outcast teenagers.

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    Mute DJ François
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    Jun 20th 2018, 6:43 AM

    @SC: nobody is saying it should.

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    Mute David Quigley
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    Jun 20th 2018, 8:33 AM

    @SC: Is it?

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    Mute DK Donnelly
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    Jun 20th 2018, 8:08 AM

    A picture of a living foetus is not ‘graphic’. What’s the problem?

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    Mute Lynda Murphy
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    Jun 20th 2018, 11:14 AM

    @DK Donnelly: I thought it was supposed to be a picture of a dead foetus? Who is telling porkie pies?

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    Mute Tony Brady
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    Jun 20th 2018, 7:24 AM

    Would graphic posters of clerical sex abuse be allowed outside churches or posters of Magdalene women forced to give birth without pain killers and then forced into a life of slavery outside convents be allowed. I think not

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    Mute Barry Somers
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    Jun 20th 2018, 8:25 AM

    @Tony Brady: I’m sure a picture of a child being raped by a cross by a priest will put alot of people off of the catholic church. It was a reality, it happened so should we show this picture outside churchs?

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    Mute David Malone
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    Jun 20th 2018, 6:51 AM

    If it’s not good enough for your eyes then why is it good enough for women??

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    Mute Chucky Arlaw
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    Jun 20th 2018, 7:16 AM

    @David Malone: so you agree with showing these posters outside maternity hospitals?
    Laughable that you’d pretend to be on the side of women

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    Mute Sinead Mooney
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    Jun 20th 2018, 6:52 AM

    Well I really feel that persisting with this nonsense AFTER the country has spoken is bizarre. Maybe a section could be set aside for all the banner holders to ply their wares…somewhere in a corner of Stephens Green. It could become a tourist spot.

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    Mute Brian Deane
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    Jun 20th 2018, 7:58 AM

    @Sinead Mooney: Yes, hear no abortion and above all else never see the images of one. Why the outrage when they keep telling us it’s just ‘a bunch of cells’?

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    Mute mac.kerel
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    Jun 20th 2018, 8:27 AM

    If you are looking for obscene imagery just search some photos from pride parades around the world… Some of them involving minors.

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    Mute David Quigley
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    Jun 20th 2018, 8:56 AM

    @mac.kerel: You should also search for religious ceremonies from around the world. Obscene stuff. Some of them involving minors

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    Mute mac.kerel
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    Jun 20th 2018, 9:30 AM

    @David Quigley: it seems like you need some clarification on the definition of obscene. Let me help you out: obscene – offensive, rude or shocking usually because of being too obviously related to sex or showing sex (Cambridge dictionary). Now, if you’d like to back up your statement with some examples I’d appreciate.

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    Mute Native
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    Jun 20th 2018, 10:54 AM

    @David Quigley:

    Do you think children should witness this in broad daylight… https://reddit.app.link/NIGoKrlQTN

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    Mute Rob Cahill
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    Jun 20th 2018, 2:30 PM

    @Native: I’d rather that than priests on the other side of them to be honest.

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    Mute Martin Keogh
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    Jun 20th 2018, 8:53 AM

    Isn’t it amazing how this group has forgotten so easily how gay imagery was forbidden and regarded as offensive and the fight they had for the right to expound there views.

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    Mute Lisa Saputo
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    Jun 20th 2018, 9:04 AM

    @Martin Keogh: There is a pretty big difference between a gay kiss and a dead foetus.

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    Mute Pinkady
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    Jun 20th 2018, 8:51 AM

    Abortion IS graphic , and a baby dies…. horrifically – get over it ….what do u want?
    Nice posters of puppies on chocolate boxes?
    Stop trying to justify it and pretend it’s something wonderful. It’s
    Death!

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    Mute Jindrich Marz
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    Jun 20th 2018, 9:54 AM

    @Pinkady: Would graphic posters of clerical sex abuse be allowed outside churches or posters of Magdalene women forced to give birth without pain killers and then forced into a life of slavery outside convents be allowed. I think not

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    Mute Barbara Coleman
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    Jun 20th 2018, 1:54 PM

    @Jindrich Marz: birth without pain killers – most of the world gives birth without pain killers !
    I had three children in 1980 s without pain killers. These are a recent invention !!

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    Mute Jack McGready
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    Jun 20th 2018, 8:08 AM

    ‘Radical Queers Resist’
    Nuff said.

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    Mute Barry Somers
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    Jun 20th 2018, 8:25 AM

    @Jack McGready: you have a problem with people who are gay?

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    Mute Jack McGready
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    Jun 20th 2018, 8:35 AM

    @Barry Somers:
    I just think the name is ridiculous, funny and absurd.

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    Mute Native
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    Jun 20th 2018, 10:33 AM

    @Barry Somers:

    Gay Antifa?

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    Mute Cailín Bán
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    Jun 20th 2018, 4:02 PM

    @Jack McGready: They are freaks.

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    Mute Pharmy
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    Jun 20th 2018, 8:18 AM

    I haven’t seen these posters, so cannot comment on the specifics. However, surely the same standards apply here as apply to print and broadcast media. A picture of a foetus is no more obscene, offensive or upsetting than a picture of an infant, toddler or child. (Those who have lost babies pre-birth are bombarded with pictures of babies both inside and outside maternity hospitals, there is no avoiding it or the pain of the loss.) A picture of a post-abortion dismembered foetus is akin to images of dead and dismembered bodies in the aftermath of an accident, natural disaster or act of terrorism/war. It is not done as it upsetting to the vast majority and disrespectful of the deceased. These should be removed under broadcast or advertising standards legislation.

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    Mute DK Donnelly
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    Jun 20th 2018, 8:23 AM

    @Pharmy: As the Journal chose not to publish the picture we are left guessing but going from the image headline above they are covering a photo of a living foetus. Can’t see how it’s graphic.

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    Mute Lisa Saputo
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    Jun 20th 2018, 9:03 AM

    @DK Donnelly: https://www.facebook.com/irishCBR/ – Check it out for yourself.

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    Mute Shawn O'Ceallaghan
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    Jun 20th 2018, 7:50 AM

    SAFE SPACE

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    Mute Dean Anderson
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    Jun 20th 2018, 7:27 AM

    it was insensitive to place these posters outside the rotunda during the referendum campaign because it caused great trauma to mums &dads who’d lost their babies to miscarriage but the idea that these posters should be completely banned is crazy. I’ve often seen these on O’Connell st &at the GPO. If they upset then look away ..likewise with anti fur posters &animal rights images which can distress &upset kids &adults alike. the radical queers might consider displaying some images of the brutal torture gays have suffered in Chechnya &the aftermath of savage homophobic attacks in Russia outside the Russian embassy

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    Mute Rob Cahill
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    Jun 20th 2018, 9:07 AM

    If they actually thought the average abortion was so bad then they would use pictures of that.. But instead they go with the extremely rare late term (which are always for medical reasons) and in some cases stillbirths. But then again honesty is not something we expect from them.

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    Mute AP
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    Jun 20th 2018, 12:01 PM

    @Rob Cahill: perfectly said

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    Mute Lisa Saputo
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    Jun 20th 2018, 7:12 AM

    I read this in a Paul Calf voice. Is it a crime to bash an ICBR member around the head with a bag of rocks?

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    Mute Larissa Caroline Nikolaus
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    Jun 20th 2018, 8:59 AM

    @Lisa Saputo: Yes, because the bag, and the rocks may come to harm if you do this.

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    Mute AP
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    Jun 20th 2018, 7:53 AM

    bullying and shaming that’s what it’s all about.

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    Mute Marieb Morgan
    Favourite Marieb Morgan
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    Jun 20th 2018, 10:40 AM

    @AP: There are video available online of people doing something similar in UK Abort67…I see that the purpose is to inform us all about the reality of abortion. After 50 years those in the UK are still in the dark about the facts.

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    Mute AP
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    Jun 20th 2018, 12:01 PM

    @Marieb Morgan: anybody with half a brain knows the reality …. we don’t need die hard bullies ramming it down our throats

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    Mute Colm O'Leary
    Favourite Colm O'Leary
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    Jun 20th 2018, 10:36 AM

    These images have one purpose and one only. To shock and upset people entering or leaving the hospital. How can the police not see this?? There is no altruistic purpose in having them up there, they’re designed and made to shock women about to give birth. What if someone went into premature labor after being confronted by these posters?

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    Mute Toomasu Sumitsu
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    Jun 20th 2018, 8:44 AM

    I have to say that’s a terribly written law. There are limits on free speech but offense should never be one of them. What does it mean to “provoke a breach of the peace”? I assume it means to provoke others to attack a third party. But does it include provoking others to attack you? Holding up a sign that says something “offensive” is not as bad as physically assaulting somebody for doing it by a country mile. But even if your message prompts someone to attack a third party? Should you be blamed? I think only if you call directly for such action. You cannot control other’s behaviour and it’s not hard to provoke any crazy to do something. In that context any contentious speech to a wide enough audience could be deemed “reckless”. I support abortion on demand up to 12 weeks btw.

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    Mute Colm O'Leary
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    Jun 20th 2018, 11:40 AM

    Someone should just throw a can of cellulose thinners on the posters. It would dissolve the ink almost instantly and stop any attempt to clean it off. It would just smear, might even dissolve the plastic it’s on.

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    Mute paul whelan
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    Jun 20th 2018, 5:00 PM

    The country voted to kill babies,no harm seeing the results

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    Mute MickNev
    Favourite MickNev
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    Jun 20th 2018, 4:40 PM

    Its disgusting to have these posters outside hospitals where parents are coming and going who could have lost a child or are having a troubled pregnancy.. This is no place for the pictures to be and shows what the people behind them are really like.. Disgusting horrible individuals who care little for others even though they say different…
    Also how many of the people behind these are Irish? I work in the airport and in my position have noticed huge amount of Americans coming in just to fight the abortion law, why are americans coming over and fighting Irish laws, so many questions about this anti abortion setup that needs to be answered…

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    Mute Hugh Mc Donnell
    Favourite Hugh Mc Donnell
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    Jun 20th 2018, 7:24 PM

    I can remember a certain travel agency had a poster on a lot of bus stops in Dublin with a blonde in a bikini with the logo” don’t get left behind ” big outcry about that and how it offended woman and they might be harassed. They were taken down. More people need to speak up to stop this behaviour

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    Mute Joyce Arthur
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    Jun 22nd 2018, 4:53 AM

    The premise of this article is whether or not the images are ‘obscene’. That is not the question!! The images are abusive and insulting (under the Irish law) because they imply that women are murderers, and can be traumatizing to children as well as women who’ve had abortions or suffered miscarriages.

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    Mute Sean taoiseach
    Favourite Sean taoiseach
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    Jun 21st 2018, 8:12 AM

    Prolife movement lost their campaign so move on the people spoke there is nothing to be served by showing these graphic images in public the same people would be disgusted if graphic sexual images where displayed for young children to view

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    Mute Sean Duignan
    Favourite Sean Duignan
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    Jun 20th 2018, 11:18 PM

    You voted for it…

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