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Was it illegal to put the 'Achill Island CSC' slogan on the Irish flag?

The medium of Twitter has created a situation where people react to situations within a milisecon...
Newstalk
Newstalk

12.53 29 May 2013


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Was it illegal to put the &...

Was it illegal to put the 'Achill Island CSC' slogan on the Irish flag?

Newstalk
Newstalk

12.53 29 May 2013


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The medium of Twitter has created a situation where people react to situations within a milisecond of the event occurring.

Unfortunately that means the Twitter users can be left red-faced if they have made a grave error of judgement. That was no more apparent than at the Scottish Cup final where a slogan on an Irish flag was mistaken for 'Achill Islam CSC' leading to a storm of anti-Celtic, anti-Irish and racist rhetoric. In fact the slogan had simply read 'Achill Islands CSC'.

Granted it was a sensitive time, given that it occurred soon after the horrific murder of a soldier at the hands of a two men of Muslim persuasion.

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But what was less publicized amid the storm of tweets was that writing slogans on the Irish flag is actually discouraged.

According to guidelines from the office of the Taoiseach the following actions should not be carried out on the national flag:

  • The National Flag should never be defaced by placing slogans, logos, lettering or pictures of any kind on it, for example at sporting events.
  • National Flag should not be draped on cars, trains, boats or other modes of transport; it should not be carried flat, but should always be carried aloft and free, except when used to drape a coffin...
  • Care should be taken at all times to ensure that the National Flag does not touch the ground, trail in water or become entangled in trees or other obstacles.

Although it was not on Irish soil, the flag at Hampden Park broke all three rules as it carried a slogan no matter how benign, was not carried aloft and also touched the ground.

So according to the rules the famous 'Angela Merkel thinks we're working' flag from Euro 2012 was technically 'verboten', as well as the brilliant play on words involving Shane Long and Simon Cox.

 

The rules however are not "statutory requirements" which means no one can be prosecuted for infringing the guidelines, but it is expected that those who handle the tricolor observe the correct procedure, particularly concerning the flying of the flag.

However flags are a bigger deal elsewhere. In Northern Ireland, the flags protests by loyalists are still fresh in the mind after the violent reaction to the decision to limit the flying of the Union Jack to 18 days per year at Belfast City Hall.

It is not the first time loyalists have taken exception to a flag issue. In 1964, there were riots after a Catholic election candidate flew a tricolor in the window of his private office on the Falls Road.

Meanwhile in the US, there is a code regarding the 'Stars and Stripes' although there are no penalties. Like the Irish flag, slogans are forbidden on the flag.

But it is also not supposed to form part of a costume or athletic uniform.

Burning the American flag or desecrating it in other way is actually not illegal even though it is vehemently discouraged.

The US Supreme Court holds that it would be unconstitutional to prohibit such an act because it is a form of symbolic speech.

But in England, Scotland and Wales there are no guidelines regarding the desecration of flags, although there have been calls for an introduction of laws after Muslim protesters burned the Union Jack in 2006.

But laws are stricter elsewhere:

  • If you pull down the Turkish flag from its pole, expect an 18 year prison term.
  • Regardless of the nationality of the flag, desecration is punishable by a short prison term in Serbia. When an American flag was burned in 2009 during a visit by vice President Joe Biden, the perpetrator got 10 days in jail.
  • Chinese law mandates a three year prison term as well as surveillance and deprivation of rights for desecrating the flag
  • In Germany it is illegal to desecrate the federal flag with a maximum prison sentence of three years
  • In France the maximum fine is €7,500

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