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What is the legal status of anti-abortion poster when no election has been called?


seabhcan

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Someone has been putting up election-style posters on lamposts around dublin (and elsewhere?). There's one in front of the Taoiseach's office that says something like "Enda: don't open the door to abortion".

No election or referendum has been called or is likely to be called. I thought that it was illegal to tie advertising to lamposts outside of an election - yet the Gardai infront of the dail and Taoiseach's office clearly didn't prevent this.

Can I make a complaint?
 

seabhcan

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Who to complain to?

Citizens Information.ie says

General election posters and signs
The law in Ireland forbids the erection of posters/signs on poles or other structures in public places unless you have the written permission of the owner of the pole or other structure in advance of putting up the posters/signs. Posters are only allowed to be erected for a certain specified time period before an election. Posters can be erected 30 days before the election or from the date of the polling day order for the election, whichever is the shorter period of time.

Following a general election, a party/candidate must remove posters within a seven day period. After that date, an on-the-spot fine of €150 is issued by your local authority in respect of each offence. Your local authority will remove the poster as the fine is issued. If a party/candidate has been issued with a fine and refuses to pay, they can be prosecuted in the District Court by your local authority to enforce payment.
Will I give Dublin city council a ring?
 

Seanie Lemass

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How tolerant of you Seabhcan! Do you also complain about rival political parties putting up posters advertising meetings?
 

Radix

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Election, what election?
 

sondagefaux

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By the sounds of it it's not a general election poster so that won't help you.
Doesn't matter:

“litter” means a substance or object, whether or not intended as waste (other than waste within the meaning of the Waste Management Act, 1996, which is properly consigned for disposal) that, when deposited in a place other than a litter receptacle or other place lawfully designated for the deposit, is or is likely to become unsightly, deleterious, nauseous or unsanitary, whether by itself or with any other such substance or object, and regardless of its size or volume or the extent of the deposit;
Litter Pollution Act, 1997

Political posters are only exempt from this definition during an election or referendum campaign, or within seven days of the official end of such a campaign.

In addition:

Posters and signs
The law forbids the putting up of posters/signs on poles or other structures in public places unless you have the written permission of the owner of the pole or other structure in advance of putting up the posters/signs and requires that an article or advertisement must carry the name and address of the person:

Who is promoting or arranging the meeting or event being advertised, or
In any other case, on whose behalf the article or advertisement is being exhibited.
Litter law in Ireland
 

TimBuckII

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So can anyone attach any poster to a lampost? Can attach advertising to it?

Yes anyone can do it but it needs to have a date on it.

You see it all the time - Posters that advertise rallys against the Government or Public Meetings etc. Even the Circus do it.

What you thinking about is an election poster that says VOTE MrX 1 or Yes or No
If it's not that type of poster then it does not fall under Election Rules.
 

TimBuckII

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Yes I am
Doesn't matter:



Litter Pollution Act, 1997

Political posters are only exempt from this definition during an election or referendum campaign, or within seven days of the official end of such a campaign.

In addition:



Litter law in Ireland
It sounds like it's not a political poster though as it's not from a political party or public Rep.

For example - Unions might put up a poster saying

Rally Against the Cuts
20 Dec 2pm

That's not illegal
 

sondagefaux

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So can anyone attach any poster to a lampost? Can attach advertising to it?
Not without the owner of the lamposts permission, which must be sought and granted in advance, and any poster or sign must have the name and address of the person who is promoting/arranging the meeting or event or on whose behalf the poster or sign is being displayed:

Posters and signs
The law forbids the putting up of posters/signs on poles or other structures in public places unless you have the written permission of the owner of the pole or other structure in advance of putting up the posters/signs and requires that an article or advertisement must carry the name and address of the person:

Who is promoting or arranging the meeting or event being advertised, or
In any other case, on whose behalf the article or advertisement is being exhibited.
Litter law in Ireland

If the posters put up by forced birthers have been put up without the permission of the owners of the lamposts, then they're litter.
 

sondagefaux

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Jun 2, 2009
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It sounds like it's not a political poster though as it's not from a political party or public Rep.

For example - Unions might put up a poster saying

Rally Against the Cuts
20 Dec 2pm

That's not illegal
It's litter unless the poster has been put up with the permission of the owners of the lampost, and has the name and address of the organisers of the rally.

It is illegal litter otherwise.

It might not be prosecuted very often, or at all, but it's still littering.
 

Ryan Tubbs

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Sep 20, 2012
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3,660
Someone has been putting up election-style posters on lamposts around dublin (and elsewhere?). There's one in front of the Taoiseach's office that says something like "Enda: don't open the door to abortion".

No election or referendum has been called or is likely to be called. I thought that it was illegal to tie advertising to lamposts outside of an election - yet the Gardai infront of the dail and Taoiseach's office clearly didn't prevent this.

Can I make a complaint?
They're completely illegal, so you're entitled to make a complaint to Dublin City Council.
 

seabhcan

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Joined
Sep 3, 2007
Messages
14,327
Not without the owner of the lamposts permission, which must be sought and granted in advance, and any poster or sign must have the name and address of the person who is promoting/arranging the meeting or event or on whose behalf the poster or sign is being displayed:



Litter law in Ireland

If the posters put up by forced birthers have been put up without the permission of the owners of the lamposts, then they're litter.
The owner of the lamppost would be Dublin City Council, right?

I rang DCC and have been told that only 'Bernie' can answer the question and they aren't answering the phone. I'll try again later.
 

sondagefaux

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Jun 2, 2009
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Called them. The one person who knows is 'out' so I have to call back.

Hmmmm....
They should know whether or not they gave permission for the posters to be put up.

If they didn't give permission, the posters are litter.
 
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