Print   

[excerpts]

Regulation of Information (Services Outside the State for Termination of Pregnancies) Act, 1995

"Act information".

2.This Act applies to information that-

(a) is likely to be required by a woman for the purpose of availing herself of services provided outside the State for the termination of pregnancies, and

(b) relates to such services or to persons who provide them,

and information to which this Act applies is referred to in this Act as "Act information".

Conditions governing the giving of Act information at meetings or in certain publications.

3.(1) (a) Subject to paragraph (b), it shall not be lawful to publish or procure the publication of Act information-

(i) orally at a meeting to which the public have access whether upon payment or free of charge,

(ii) in a book, newspaper, journal, magazine, leaflet or pamphlet, or any other document,

(iii) in a film or a recording (whether of sound or images or both),

(iv) by means of radio or television, or

(v) by any other means to the public,

unless-

(I) if the information relates to services provided in a particular place or to persons providing them in a particular place-

(A) the information relates only to services which are lawfully available in that place and to persons who, in providing them, are acting lawfully in that place, and

(B) the information and the method and manner of its publication are in compliance with the law of that place,

and

(II) the information is truthful and objective and does not advocate or promote, and is not accompanied by any advocacy or promotion of, the termination of pregnancy.

(b) Paragraph (a) does not apply to publication, or the procuring of publication, to which section 4 applies.

(2) It shall not be lawful to sell or offer or distribute for sale or invite offers to buy, or distribute free of charge, anything in which Act information is published in contravention of subsection (1).

(3) It shall not be lawful to show or play a film or a recording (whether of sound or images or both) in relation to which there is a contravention of subsection (1) at a place to which the public have access whether upon payment or free of charge.

Prohibition of display of certain public notices, or distribution of unsolicited publications, containing Act information.

4.It shall not be lawful-

(a) to display a notice (including an advertisement) containing Act information in or at a place to which the public have access whether upon payment or free of charge, or

(b) to distribute without solicitation by the recipients a book, newspaper, journal, magazine, leaflet or pamphlet, or any other document, or a film or a recording (whether of sound or images or both), containing Act information.

Conditions governing the giving of certain information, advice and counselling to certain individual women.

5.Where a person to whom section 5 applies is requested, by or on behalf of an individual woman who indicates or on whose behalf it is indicated that she is or may be pregnant, to give information, advice or counselling in relation to her particular circumstances having regard to the fact that it is indicated by her or on her behalf that she is or may be pregnant-

(a) it shall not be lawful for the person or the employer or principal of the person to advocate or promote the termination of pregnancy to the woman or to any person on her behalf,

(b) it shall not be lawful for the person or the employer or principal of the person to give Act information to the woman or to any person on her behalf unless-

(i) the information and the method and manner of its publication are in compliance with subparagraphs (I) and (II) of section 3 (1) (a) and the information is given in a form and manner which do not advocate or promote the termination of pregnancy,

(ii) at the same time, information (other than Act information), counselling and advice are given directly to the woman in relation to all the courses of action that are open to her in relation to her particular circumstances aforesaid, and

(iii) the information, counselling and advice referred to in subparagraph (ii) are truthful and objective, fully inform the woman of all the courses of action that are open to her in relation to her particular circumstances aforesaid and do not advocate or promote, and are not accompanied by any advocacy or promotion of, the termination of pregnancy.

Further conditions governing the giving of Act information to certain individual women.

6.It shall not be lawful for a person to whom section 5 applies to give Act information to an individual woman or to any person on her behalf in the circumstances referred to in the part of section 5 preceding paragraph (a) thereof unless-

(a) neither the person to whom section 5 applies nor the employer or principal of the person provides services outside the State for the termination of pregnancies or has an interest, direct or indirect, in any body which provides such services,

(b) if the person to whom section 5 applies or the employer or principal of the person is a body, no person to whom the Act information relates has an interest, direct or indirect, in the body or bodies, as the case may be, and

(c) if the person to whom section 5 applies or the employer or principal of the person is a body and a person to whom the Act information relates is a body, no person who has an interest, direct or indirect, in the last-mentioned body or in another body which provides services outside the State for the termination of pregnancies has, at the same time, an interest, direct or indirect, in the first-mentioned body or bodies, as the case may be.