Moonen v Film and Literature Board of Review Nos 1 & 2

Freedom of speech and censorship issues. “…the High Court erred in its approach to the role of the Bill of Rights in the interpretation and application of the provisions of s3(2) of the Act. The consequence of such error is that the High Court wrongly found that there was no error of law in the Board’s decision. There was such an error in respect of the Book and the photographs classified as objectionable under s3(2). That error was in not giving consideration to the relevant provisions of the Bill of Rights in interpreting s3(2) and applying it to the publications concerned.”