Publisher is charged under brothels law

The Publisher of In Dublin, Mr Michael Hogan, was charged in Kilmainham District Court yesterday with offences under the Criminal Justice (Public Order) Act 1994.

Mr Hogan, whose business address is at Camden Place, Dublin 2, was charged under Section 23.1 of the Act, which relates to the advertising of brothels and prostitution. He was charged with 53 offences in all, and was remanded to appear again before Kilmainham District Court on July 6th.

Section 23 of the Criminal Justice (Public Order) Act 1994 makes it an offence to publish or distribute an advertisement for a brothel or prostitute. Offenders face fines on summary conviction of up to £1,000, and on indictment of up to £10,000.

The Act makes it an offence to publish or distribute, or cause to be published or distributed, an advertisement for a brothel or the services of a prostitute, or any premises or service, in terms, circumstances or manner from which it could reasonably be inferred that the premises was a brothel or the service was prostitution.

The Act says publishers or distributors can defend themselves by showing that the offending advertisement was received in the ordinary course of their business and they did not know, and had no reason to suspect, that it related to a brothel or the services of a prostitute.

Mr Hogan publishes In Dublin magazine. This was banned for six months in August of last year by the Censorship of Publications Board, which said several editions had "usually or frequently been indecent or obscene".

Later that month Mr Justice O'Donovan granted a judicial review of the board's decision.

Before the judgment, Mr Hogan undertook not to publish advertisements for "escort agencies" and "health studios" if the ban on In Dublin was lifted.

In Dublin returned to the shelves after the judicial review was granted.