The apparent policy of the State's film censor to refuse to certify for sale to adults videos which contain explicit sexual activity is the subject of a High Court test case brought by a Dublin businessman.
Mr Patrick Webster, of Upper Clanbrassil Street, got leave from Mr Justice Murphy to take judicial review proceedings aimed at quashing a decision of the Censorship of Films Appeal Board upholding a decision of the censor refusing to certify a video The Voyeur 19 - Live in Europe PT. 6.
The certificate was refused by the censor on the grounds that the video contents would tend, by reason "of the inclusion in it of obscene or indecent matter, to deprave or corrupt persons who might view it". The board gave no reasons when upholding the censor's decision.
Mr Michael O'Higgins SC, for Mr Webster, said his client was a member of the Irish Adult Shop Association, an organisation of persons involved in the business of adult shops. The evidence would indicate that there was a very controlled market for over 21-year-olds and steps were taken to ensure that videos did not contain unlawful material.
Counsel said Mr Webster was challenging the State's blanket ban on the circulation of material which of itself did not show unlawful acts. Material of a like kind contained in the video in question was available in the State on 10 or 12 Sky channels.