Ireland

Last update: November, 2020

Bunreacht na hÉireann, the Constitution of Ireland, was enacted in 1937 and can only be amended by way of a referendum. It does not make specific reference to culture. Amongst many recommendations made in 2017 by the Oireachtas' (the legislature of Ireland) joint committee on arts and heritage was that the government should initiate a referendum to insert a specific reference to arts, culture and heritage in the constitution. Following from this insertion, the committee also called for legislation to vindicate the cultural rights of Irish citizens to cultural expression and cultural access. 

The following articles of the Constitution relate to culture and cultural rights:

• Right to participate: Article 2 states the entitlement to be “part of the Irish Nation” to all those born on the island of Ireland. Article 3 states the will of “the Irish Nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland, in all the diversity of their identities and traditions.” 
• The Irish Language: Article 8 states that the Irish Language is the first official language with the English language recognised as the second language of the State. 
• Cultural Representation in the Senate: Under Article 7 candidates for Seanad Éireann/the Irish Constitution are elected from panels of candidates with experience from 5 areas. The first of these panel area is “National Language and Culture, Literature, Art, Education...” 
• Freedom of Expression: Article 40 asserts the fundamental personal rights of the citizen. Under Article 40 6 1° the State guarantees liberty for the exercise of the following rights, subject to public order and morality: i) The right of the citizens to express freely their convictions and opinions; ii) The right of the citizens to assemble peaceably and without arms; iii) The right of the citizens to form associations and unions. 
• Religious Freedoms: Article 44 refers to religious rights. Under sub section 2 1° Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.

Last update: November, 2020

The main law governing the allocation of public funds to the arts is the Arts Act (2003). Section 24 of this Act enshrines the arm’s length principle in legislation. Commentators have noted the increasing allocation of arts funding directly by the Department of Culture, Heritage and the Gaeltacht (DCHG) without acknowledging a change of functions or responsibilities relative to the Arts Act. Subsequent Ministers have defended all increases in direct spending from the Department. Taking an overview the legislation of 2003 attempted to add clarity around the working relationship between the Arts Council (autonomous agency) and the Department. It would appear that there is at best a lack of clarity or at worst a redirection of funding that is at odds with the existing legislation.

Other cultural legislation governing allocation of funds include the Heritage Act (2018), the Heritage Fund Act (2001), Údarás na Gaeltachta Act (2010) and the Official Language Act (2003, 2018). The Heritage Act (2018) provided for the establishment of the Heritage Council and allows for the funding of Heritage via the semi state council. The purpose of the Heritage Fund provided under the Heritage Fund Act (2001) is to provide resources for use by the principal State collecting cultural institutions in acquiring, for the national collections, items of moveable heritage such as artefacts, manuscripts, books and works of art "that are both rare and of national importance, that are outstanding examples of their type, that are pre-eminent in their class and that otherwise could not be acquired".^[1] The five institutions funded under the Heritage Fund are the National Archives, the National Gallery of Ireland, the National Library of Ireland, the National Museum of Ireland and the Irish Museum of Modern Art. The Language Act (2003 ,2018) provides that the statutory framework for the delivery of State services through the Irish language. The state agency supporting the development of the Irish language Údarás na Gaeltachta operates under the Údarás na Gaeltachta Acts (1979-2010).

Public service broadcasting in Ireland is paid for through a combination of government funding, television license fee and advertising revenue. The Broadcasting Funding Act (2003) provides that the Broadcasting Commission of Ireland provide grant funding for television and radio programmes out of an amount of 5% of net receipts for television license fees.

The Irish Film Board Act (1980) assigns the role of developing the film industry to the Film Board (now Screen Ireland), including the allocation of funding through a combination of investments, grants, loans and guarantees of loans.

Other public funding for culture is subject to normal public procurement processes.

^[1] https://www.chg.gov.ie/arts/culture/projects-and-programmes/the-heritage-fund/

Last update: November, 2020

In 2017, a new pilot scheme was introduced for artists’ social security support. The scheme was developed in partnership between the Department of Social Protection and the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs. The scheme gave new acknowledgement to the professional status of visual artists and writers applying for Jobseeker’s Allowance from the Department of Social Protection. It was part of a key commitment made by Creative Ireland to artists under the Creative Ireland Programme. Visual Artist Ireland and The Irish Writers Centre provided expert knowledge for the development of the one-year pilot scheme as both these organisations are approved to certify the professional status of artists under their respective discipline.

In 2019, the scheme was made permanent and is now open for applications from a wider range of professional artists including actors, dancers, street performers and musicians.^[1]  Under this new scheme, the criteria for Jobseeker’s Allowance remains the same but professional artists who are self-employed will be able to have ‘artist’ as their primary profession. This professional status of artists has not been recognised in the past by the social welfare system. The new system now makes this easier and artists will no longer have to hide their primary profession so as to access supports. During the COVID-19 crisis in 2020, artists were entitled to avail of an emergency relief payment scheme similar to other workers. In acknowledgement of the greater impacts on the sector a special CRSS (Covid Restrictions Support Scheme) was also implemented in the budget 2021 with immediate effect in October 2020.

^[1] http://www.welfare.ie/en/pdf/Professional-Disciplines-and-Certifying-Organisations.pdf

Last update: November, 2020

Though Ireland does not have general legislation aimed at stimulating arts sponsorship or investment, there is a range of tax reliefs in operation to incentivise such activity. For instance, Section 481 of the Taxes Consolidation Act (1997) allows investors in film or television drama to claim tax relief on share subscriptions in qualifying film production companies. The amount of relief that can be claimed is subject to annual limits. A new film tax scheme was commenced in 2015. 

Section 1003 of the Taxes Consolidation Act (1997) enables tax relief for persons who donate important national heritage items to the Irish National Collections. In addition, other tax breaks can be availed of to support cultural organisations:

• business sponsorship of an artist or arts organisation in exchange for promotion of the business; 
• donations to charitable institutions; 
• expenditure on buildings and gardens; 
• gifts to the Exchequer; and 
• provision of certain goods and services such as printing of programmes or tickets, offering airline tickets, etc. 

The 21.5% VAT charge on visits by foreign performing artists to Ireland continues to be burdensome for festivals and other organisations, as well as discouraging exchange between North and South, as the same tax does not apply in the UK.

Generally, the usual VAT rate of 21.5% is reduced to 12.5% in respect of sales of art works and admission to artistic and cultural exhibitions. The general position of Revenue Commissioners (the governmental agency responsible for customs, excise, taxation and related matters) is that the printing of books qualifies for the zero rate of tax while the printing of newspapers and periodicals attracts VAT at the second reduced rate. Other printed matter including stationery are liable at the standard rate. The second reduced rate, currently 9%, was introduced on the 1st July 2011 and still applies.

Artists in Ireland benefit from a specific tax provision. Tax-exempt status for self-employed creative artists resident in Ireland was introduced in the 1969 Finance Act. This provision was lauded internationally as an imaginative piece of legislation. It allows exemption from tax on income earned by creatives (writers, visual artists, sculptors and composers) in Ireland so long as it meets certain criteria. This would include income from sales or copyright fees in respect of original and creative works, as well as on Arts Council bursaries, payments of annuities under the Aosdána scheme and foreign earnings. Revenue Commissioners along with representatives of the Arts Council will make a determination on creative works’ eligibility. Works eligible include: books or other forms of writing; plays; musical compositions; paintings or other similar pictures; and sculptures. Income derived from the performance of works is subject to normal taxation. The work must be of artistic merit. The artist’s work is qualified as having artistic merit if “it enhances to a significant degree the canon of work in the relevant category in its quality of form and/or content”. 

From the tax year 2011, the artist’s exempt income is subject to Universal Social Charge at the appropriate annual rates. Artists’ income exempted under the scheme may be subject to Pay Related Social Insurance, VAT and the Higher Earners Restriction. In 2014, the provision was revised with a cap placed on the exemption on the first EUR 50 000 of profits or gains. As a self-employed worker, the artist is entitled to claim back some VAT paid for materials costs. The scheme has recently been extended to EU non-resident artists.

Last update: November, 2020

Artists and cultural workers are subject to the same labour laws as other citizens. The main legislation regarding employment in Ireland is The Terms of Employment Act (1994-2014) which requires employers to provide employees with certain information about their employment, such as a job description, a contract of employment, a defined rate of pay and hours of work. The Employment (Miscellaneous Provisions) Act (2018) brought in a ban on zero-hour contracts in most situations and provides for minimum payments and banded hours. It also forces the employer to provide employees with information on the five core terms of employment within five days of them starting work.

Irish legislation affecting labour law
Employment Act 2018
Companies Act 2014 (No. 38)
Industrial Relations (Amendment) Act 2012 (No. 32) Industrial Relations Act 1946 (No. 26)
Industrial Relations Acts 1946 to 2015
National Minimum Wage Act 2000 (No. 5)
National Minimum Wage Acts 2000 and 2015
Organisation of Working Time Act 1997 (No. 20) Payment of Wages Act 1991 (No. 25)
Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93)
Protected Disclosures Act 2014 (No. 14)
Terms of Employment (Information) Act 1994 (No. 5)
Unfair Dismissals Acts 1977 to 2015
Workplace Relations Act 2015 (No. 16) 

Last update: November, 2020

In Ireland, the Copyright and Other Intellectual Property Law Provisions Act (2019) replaces the previous Copyright and Related Rights Act (2000) in setting out the rights of copyright owners as well as penalties for infringements. The law intersects creative works with information technology law and data protection law. The policy process of modernising copyright law, undertaken by the Department of Business, Enterprise and Innovation, began back in 2011 and involved the 2013 report Modernising Copyright of the Copyright Review Committee. The Committee was established to identify any barriers to innovation in the digital environment, and developing proposals for reducing barriers in order to provide greater support for growth and jobs in the digital industry. The 2019 Act also includes certain exceptions permitted by the Information Society Directive 2001/29/EC. The act provides stronger protections of copyright and other intellectual property (IP) in the digital era. It also enables the right-holders to better enforce their IP rights in the courts.

With up to 80% of corporate value now represented by intellectual property assets (IPRs) such as patents, trademarks, copyright and designs, the main focus of the 2019 legislation is on the strengthening of legal protection of the commercial assets relative to the digital age. However, other issues required amendments also. The Act makes a number of amendments including: 

• Renaming the “Patents Office” to the “Intellectual Property Office of Ireland” reflects the contemporary role of “the Office”, which is in line with the more standardised naming convention for such offices across the EU.
• New Court Jurisdiction: Allowing owners of intellectual property to pursue lower value IP infringement claims in the District and Circuit Courts which may result in a reduction in litigation costs; As a result of this amendment, infringement actions by copyright owners will now be heard quicker and will incur lower legal costs than if proceedings were brought in the High Court.
• Research and Education: Making it easier for researchers (non-commercial) to use text and data mining tools by expanding the current exception. The existing copyright exceptions for education is expanded, to allow teachers to display works on a whiteboard to illustrate a point, or to provide education by means of distance learning and education over the internet, in line with the changing methods of providing education and training in Ireland. 
• Creative: The term of protection for copyright in designs and artistic works is expanded from a 25-year term to life of the creator plus 70 years. In relation to photography, it is now an infringement to tamper with metadata associated with the photographic works. The authorship of a film soundtrack accompanying a film is to now be treated as part of the film. The use of copyright works is covered by an exception to allow for caricature, pastiche and parody.
• Media: In the context of recent fake news issues related to the re-use of news material, the 2019 Act extends the exception to copyright for news reporting. 

Viewed strictly in relation to artistic works, the provisions of the 2000 and 2019 Acts protect:

• Original literary, dramatic, musical and artistic works
• Film, sound recordings, broadcasts and the typographical arrangement of published editions
• Computer software and non-original databases
• Performances

An ‘artistic work’ includes a work of any of the following descriptions, irrespective of their artistic quality: (a) photographs, paintings, drawings, diagrams, maps, charts, plans, engravings, etchings, lithographs, woodcuts, prints or similar works, collages or sculptures (including any cast or model made for the purposes of a sculpture); (b) works of architecture, being either buildings or models for buildings; and (c) works of artistic craftsmanship.

The legal rights encompassed by the Act include a right of the creator to prevent others from exploiting the work (taking account of the information society and the digital age). The creator has a right to charge a fee for the reproduction of works even after resale. The creator also has ‘moral rights’, that include the right to be identified as the author of the work, the right to prevent mutilation or distortion or other derogatory alteration, as well as the right not to have a work falsely attributed to them. The Act gives the author of a work the exclusive right to authorize making the work available, copying, and for a period of 70 years.

Authors societies and copyright collection agencies

The Irish Visual Artists Rights Organisation (IVARO) is a not for profit organisation representing over 1500 Irish visual artists. The Artists Resale Right (ARR), also known as droit de suite (right to follow), has been in operation in Ireland since 2006. The regulation entitles artists to receive a royalty each time their work is resold by an auction house, gallery or art dealer.

The Irish Music Rights Organisation (IMRO) is an authors’ society established as a Company Limited by Guarantee (CLG). IMRO is a member of the European authors societies network GESAC. IMRO’s main function is to collect and distribute royalties arising from the public performance of copyright works, ie. music used anywhere outside of the domestic environment. This is mainly carried out through licensing agreements in line with the Copyright & Related Rights Act (2000-2019). As of January 2016, IMRO also acts as agent for Phonographic Performance Ireland (PPI), collecting public performance royalties on behalf of record producers and performers. PPI was established in 1968 to act as a central administrator of record company rights in the public performance, broadcasting and reproduction of their recordings. PPI is owned by its Irish and multinational record company members.

Run by performers for performers, the Recorded Artists Actors Performers (RAAP) is a not-for-profit organisation set up after the Copyright and Related Rights Act (2000-2019) to ensure that musicians receive the performance royalties that are due to them.

The Mechanical Copyright Protection Society Limited (MCPS) is an organisation that represents thousands of composers and publishers of music in Ireland. By way of reciprocal agreements with other organisations around the world, MCPS also represents the interests of music copyright owners in other countries. MCPS licenses to companies and individuals who record its members' musical works and then collects and distributes the royalties payable under those licences. This service is available to anybody who wants to record music including record companies, independent production companies and others. MCPS also licenses the importation of recordings from outside of the EU.

The Motion Picture Licensing Corporation (MPLC) provides licensing for public broadcasting. Whenever audio-visual content is being viewed outside the private home, it is considered a ‘public performance’ where legal authorisation is needed to avoid copyright infringement. MPLC licences these public performances of audio-visual content in a public location, such as shops, waiting rooms, reception areas, bars and restaurants, coaches, schools, activity centres, children’s nurseries, and care homes.

The Newspaper Licensing Ireland Ltd (NLI) was established in 2002 to administer the copyright in original works published on behalf of member publishers, and to promote a culture of copyright understanding and compliance.

The Irish Copyright Licensing Agency CLG (ICLA) is a non profit-making licensing body, defined by the Copyright & Related Rights Act (2000) that issues licences for the re-use of print and digital works to educational institutions, businesses and other organisations. They permit copying within certain rules from Irish as well as overseas publications. They issue licencing for copyright holders of content in books, magazines or journals.

Last update: November, 2020

The Data Protection Act (1988-2018) regulates the collection, processing, keeping, use and disclosure of personal data, both manual and electronic. Cultural institutions must take account of this. The application of the General Data Protection Regulation (GDPR) (EU) 2016/679 in 2018 has greatly changed data protection in Ireland. A new Data Protection Commission was established. It replaces the previous data protection directive in force since 1995. The transition to the new regulations in 2018 greatly affected the cultural sector. The majority of cultural organisations operate with a small adminstrative office and many organisations struggled to deal with the administrative burden of the changes. While many organisations were prepared for the legislative change, a number of organisations’ audience mailing lists had to be started afresh.

Last update: November, 2020

The basic principles regarding language rights are set out under the Irish Constitution. These rights were further enshrined in legislation with the Official Languages Act (2003), which aims to ensure that high quality services are widely available to the public through Irish. The Act aims to create a space for the Irish language in public affairs in Ireland. The public has the right to expect to communicate with and receive information from the agents of the state through the Irish language. There is also an apparatus set up under the Act to allow for complaints, procedures and advice known as An Coimisinéir Teanga. Section 32 of the Act provides that the Minister for Culture, Heritage and Gaeltacht issues placenames orders declaring the Irish versions of placenames. The state agency supporting the development of the Irish language is Údarás na Gaeltachta and operates under the Údarás na Gaeltachta Acts (1979-2010). Language policy also overlaps other policy areas. For example, the Broadcasting Act (2003)allows for the funding of certain cultural and heritage programming including Irish language programming. 

No further information available.

Last update: November, 2020

In the absence of one singular overarching legislation for culture, the Arts Act (2003) establishes the main legislative framework for cultural policy-making in Ireland. The Act defines the arts, sets out the role and functions of the Minister, local authorities and the Arts Council, and prescribes the membership and procedures of the latter. While the Act clearly establishes in legislation the autonomous role of the Arts Council in funding decisions, the strength of autonomy is somewhat compromised firstly by the provision that the Minister can appoint special committees to advise the Arts Council and secondly the provision of the overarching role of the Minister in policy matters. The previous Arts Acts of 1951 and 1973 stated that policy-making was the responsibility of the Arts Council. The 2003 Act defines a responsibility for local authorities to produce arts plans in line with other plans under Section 31 of the Local Government Act (1994) as well as defining the role of the Department of Culture, Arts, Tourism, Sport and Gaeltacht.  

While it refers to other cultural areas as well, the Arts Act is first and foremost legislation for the arts. Other areas of cultural policy are provided for by a number of legislations. These other acts of legislations directly affecting culture are listed in the table below, followed by international legal instruments implemented by Ireland in the cultural field 

Table 2a. Existing legislation affecting culture in Ireland

Table 2b. International legal instruments implemented by Ireland in the cultural field 

Last update: November, 2020

A number of national legislations cover the role of the state to protect the archaeological and architectural heritage as well as wildlife in Ireland. On the archaeological heritage side, the National Monuments Act (1930-2014) gives the government authority to protect archaeological sites and monuments that have been identified under the Archaeological Survey of Ireland. An amendment to the National Monuments Act was made in 2012 with the addition of the EU standard Environmental Impact Assessment (EIA). This Bill was intended to afford stronger protection for heritage. 

The new Heritage Act of 2018 amended and extended the Wildlife Act (1976), the Canals Act (1986) and the Heritage Act (1995). The Heritage Council (An Chomhairle Oidhreachta) was established under the act for the purpose of “promoting interest in and knowledge, appreciation and protection of the National heritage”. The Heritage Act defines the working relationship between Government and heritage agencies such as Waterways Ireland, and the Heritage Council. Some amendments to the act in 2018 related to natural heritage and biodiversity were made despite opposition from the Green party, An Taisce, and the Wildlife Trust. The concern related to the provisions in the act for extending the legal period for uplands burning and hedgerow cutting into the August nesting season for many bird species. The Heritage Council supports and develops the heritage management system and infrastructure in Ireland. This is mainly achieved in partnership with other relevant agencies and authorities as well as local communities.

The National Cultural Institutions Act (1997) sets the framework for museums in Ireland and provided for the establishment of the National Museums Board. The National Monuments Act (1930-2014) has considerable impact on the work of the National Museum. The act asserts the State’s ownership of archaeological objects, which are found and which have no known owner. They also provide for the National Museum’s role as a regulatory body in Irish archaeology. The Heritage Fund Act (2001) gives a statutory framework for the acquisition of works towards the national collection. 

Ireland’s waterways are protected by Waterways Ireland, which uniquely operates under the policy direction of the North-South Ministerial Council (NSMC) and the Ministers of the Sponsor Departments, and is accountable to both the Northern Ireland Assembly as well as the Houses of the Oireachtas. A recent divisive issue related to natural heritage created tensions between environmental and cultural policies. The EU habitats directive as well as Irish law from 2011 now make it illegal to cut turf — traditionally used as a domestic fuel — on 54 Irish bogs. Peat, cut and dried for fuel, it is known as turf in Ireland. The bogs have now been designated as special conservation areas as part of an EU commitment to reverse biodiversity loss by 2020. Some see turf cutting as a distinct part of Irish cultural heritage worth protecting and maintaining. However, most now understand the value of the bogs in the fight against climate change and most turf cutting has been stopped. Enforcement of the law against cutting turf has been limited allowing for gradual cultural change.   

Last update: November, 2020

The main legislative support for performance and celebration in Ireland (including theatre, dance, opera, music theatre, music, circus, street arts, festivals) is provided by the Arts Act (1951-2003), which established the Arts Council as the national agency for support of the arts.

As the National Tourism Development Authority, Fáilte Ireland supports festivals through funding, for the purpose of increasing the quality of the visitor experience within the tourism industry. The authority was established under the National Tourism Development Act (2003). 

The interpretation of legislation related to crowd control has affected the festival sector. The crowd control law in Ireland is designed to focus on either preventing or controlling meetings that are calculated or designed to cause a riot or breach of the peace. The purpose of crowd control at public events such as festivals is to maintain public peace and order, and to ensure the safety of all who are gathered there. Part III of the Criminal Justice (Public Order) Act (1994) is the main legislation in place designed to give the Gardaí (Irish police force) comprehensive legal powers to deal with crowd control. The festival organiser is responsible for the cost of policing their event, but the number of Gardaí (police) required is decided by the local Gardaí. The fluctuating cost of paying for a police presence has rendered some festivals cost prohibitive. 

Festivals and performances are required to abide by existing laws regarding the serving and sale of alcohol and health and safety, as set out in the Intoxicating Liquor Act (2008) and the Safety, Health and Welfare at Work Act (1989). The document Safety at Outdoor Pop Concerts and Other Outdoor Music Events (1997) provides comprehensive guidelines on safety for promoters. Organisers must apply for an outdoor event licence to hold an event, comprising of public entertainment in accordance with part XVI of the Planning and Development Act (2000). Applications are processed through the local authority planning office. 

Copyright legislation affects festivals in which there are performances of creator’s works. The artist is entitled to a royalty payment for the use of their creative works. While for the most part copyright legislation imposes economic restrictions on promoters, it also offers some sustained income for artists. The legislation also creates many cultural limitations. The Copyright and Related Rights (Amendment) Act (2004) clarifies that a person could place literary and artistic works on public exhibition, without breaching the copyright vested in such cultural texts. However, the ad hoc legislation is inadequate against the protective will of many artists’ estates. Many artists estates are extremely protective which inhibits the use of visual references to such works within academic studies. There is potential for the defense of ‘fair use’ to be expanded to allow for the transformative use of copyright works, particularly in respect of adaptations and derived works by visual artists. However, there has been limited legal testing of such defenses to date.

Last update: November, 2020

The main legislative support for visual arts in Ireland is the Arts Act (2003), which established the Arts Council. Visual arts are supported through grants for artists and arts organisations. Visual artists can also apply to Revenue Commissioners for tax exemption on earning up to EUR 50,000 from the sale of their work. The works must be deemed to be original and creative. This is supported by Section 195 of the Taxes Consolidation Act. (See chapter 4.1.4 for more information.)   

The One Per Cent for Art Scheme in Ireland was first introduced in 1978. Since 1997, the scheme approves the inclusion of up to 1% as funding for an art project subject to a cap of EUR 64,000 within the budgets of public infrastructure projects. However, pooling of projects has allowed for more substantial art projects. The Arts Council plays a developmental role in the scheme. The implementation is the responsibility of the local authority arts office. Many arts offices have an assistant arts officer position specifically assigned to the role of public arts development at county or municipal area.

There is no specific legislation governing crafts in Ireland. It is not listed in the definition of art forms supported under the Arts Act (2003). 

The copyright legislation in Ireland creates many cultural limitations on re-use or interpretation of works. The Copyright and Related Rights (Amendment) Act (2004) clarifies that a person could place literary and artistic works on public exhibition, without breaching the copyright vested in such cultural texts. However, the ad hoc legislation is inadequate against the protective will of many artists’ estates. Many artists estates are extremely protective which inhibits the use of visual references to such works within academic studies. There is potential for the defense of ‘fair use’ to be expanded to allow for the transformative use of copyright works, particularly in respect of adaptations and derived works by visual artists. However, there has been limited legal testing of such defenses to date.

Last update: November, 2020

The main legislative support for literature in Ireland is the Arts Act (2003), which established the Arts Council. Writers are supported through grants for artists and arts organisations. Writers can also apply to Revenue Commissioners for tax exemption on earning up to EUR 50,000 from the sale of their work. The works must be deemed to be original and creative. This is supported by Section 195 of the Taxes Consolidation Act. (See chapter 4.1.4 for more information.)   

The Censorship of Publications Act (1929) still exists in Ireland. It is an act “to make provision for the prohibition of the sale and distribution of unwholesome literature”. While it is very rarely used in modern times, the legislation has not been changed. The last time a book was banned was in 2016, which was the first time since 1998. After the 2018 repeal of the Eighth Amendment, which provides for the legal termination of pregnancy, references to abortion were removed from the Censorship of Publications Act (1946). In 2019, the Department of Justice confirmed that several publications providing information about abortion were to be removed from the Register of Prohibited Publications.

While freedom of speech is protected under the Constitution of Ireland, it is forever in battle with the interpretation of the Defamation Act (2009) in Ireland. The law of defamation in Ireland is governed by the Constitution, common law and the DefamationAct. According to the Act, a defamatory statement is one, which tends to injure a person’s reputation in the eyes of reasonable members of society.

The imbalance between these legislations determines press freedom in Ireland. Currently, Ireland’s defamation laws pose “a significant threat to press freedom” according to Reporters Without Borders (RSF). In 2019, the NGO stated “frequent defamation suits and the extraordinarily high damages awarded by Irish courts also posed a significant threat to press freedom”. According to Lawyer.ie, 80% of defamation actions are taken against the media. A libel action carries the real threat of bankrupting a small newspaper. According to RSF, the possibility of exorbitant damages, combined with the high costs of defending defamation suits, has resulted in a climate of self-censorship, in which prominent individuals known to be litigious become largely untouchable by the Irish media. Despite these real concerns, RSF has ranked Ireland quite well at 13 out of 180 countries in its 2020 World Press Freedom Index, an increase from 15 in 2019.

Last update: November, 2020

The objective of Irish broadcasting policy is to maintain access for the people of Ireland to high quality Irish radio and television services. The Broadcasting Act (2009-2020) establishes the role of the Broadcasting Authority of Ireland (BAI). The BAI has responsibility for regulating particular aspects of the public service broadcasters, ensuring quality of public service, transparency and accountability in use of public finance and in accordance with Irish and EU law. The public service broadcasters, Radio Telifís Éireann (RTÉ) and Telifís na Gaeltachta (TG4), are licensed by the Minister of the Department for Communications, Energy and Natural Resources. The publicly funded broadcasting services are autonomous in relation to day-to-day programming and editorial decisions. However, the legislation enforced by the BAI requires RTÉ and TG4 to reflect the cultural diversity of Ireland in programming. 

The Broadcasting Act (2009) introduced three reporting requirements for RTE: Public Service Statement, Statement of Strategy, and an annual statement of performance commitments. RTÉ’s public service obligation under the Broadcasting Act and the Public Service Broadcasting Charter is to serve the whole community including a broad range of interests be they cultural, generational, regional or international. They are required by statute to spend a certain minimum amount of EUR on independent productions. The Public Service Broadcasting Charter specifically includes "arts" among the key genres of programming that RTÉ is expected to include in its schedules. 

In the case of the independent broadcasting sector, there are no legislative provisions relating to the makeup of programme schedules other than in the case of news and current affairs. Licenses to broadcast in the independent sector are awarded by the Broadcasting Authority of Ireland. Proposed programme schedules are amongst the issues considered by the Authority when assessing applications for licenses and are then reflected in a contract where a license is awarded. 

The provisions of the EU Television without Frontiers Directive apply to both public and private television services in Ireland. The Directive requires that, where practicable: 

• 50% of programming should be made up of European works; and 
• 10% of programming time (or budget) should be produced by independent producers. 

These quotas apply to programmes apart from news, sport and current affairs. On the national level, independent broadcasters are required by statute to devote a minimum of 20% of broadcasting time to news and current affairs. There are no specific quotas in the case of public broadcasters but RTÉ's statutory mandate requires comprehensive programme scheduling. 

Last update: November, 2020

There is no specific legislation governing design as a cultural or creative form in Ireland. While design for industry was seen as a justification for the original Arts Act of 1951 and responsibility was given to the Arts Council, it was soon moved to the Department of Industry/Córas Tráchtála in 1961. This has left design outside of the legislation for culture ever since. With the establishment of the Kilkenny Design Workshop in 1963, industrial design moved under their responsibility. 

In legislative terms, design is recognised only as an industry. The Industrial Design Act (2001) is the primary legislation dealing with industrial designs in Ireland. Its main interest is protecting registered designs from patent infringements. Apart from this, the Copyright and Other Intellectual Property Law Provisions Act (2019) covers copyright protection. 

There is a lack of support from government for design as a creative pursuit in and of itself. This form of support would help boost the design standards and quality. The amendment of the Craft Council’s trading name to Design and Crafts Council of Ireland (DCCoI) has given greater visibility to the design and also formally acknowledges their existing remit which includes supporting and promoting Irish craft and product-related design enterprises. This new amendment is not underpinned by an act of legislation. DCCoI is the ‘national agency for the commercial development of designers, stimulating innovation, championing design thinking and informing government policy.’ 

More recently, in 2016, the Department of Enterprise produced a Policy Framework for Design in Enterprise. The framework report pointed to a need for a new national policy for design.