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Blasphemy law

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In some countries, blasphemy is not a crime. In the United States of America, for example, a prosecution for blasphemy would violate the Constitution according to the decision in Joseph Burstyn, Inc v. Wilson. The United Kingdom abolished its laws against blasphemy in 2008. In Europe, the Parliamentary Assembly of the Council of Europe has recommended that countries enact laws that protect the freedom of expression. Some countries, especially countries which have Islam as the state religion, regard blasphemy as a serious offence. Pakistan, for example, has legislation which makes execution a penalty for blasphemy.

In place of prohibitions against blasphemy, or in addition to prohibitions against blasphemy, some countries have laws which give redress to anyone who feels insulted on account of his religion. These laws forbid hate speech, the vilification of religion, or "religious insult".

Afghanistan

Main article: Blasphemy law in Afghanistan

An Islamic state, Afghanistan prohibits blasphemy as an offence under Sharia. Blasphemy may be punished by penalties up to execution by hanging.

Algeria

Main article: Blasphemy law in Algeria

Although ninety-nine percent of Algeria's population is Sunni Muslim, and the Constitution declares that Islam is the state religion, Algeria uses legislation rather than Sharia to combat blasphemy against Islam.

Australia

Main article: Blasphemy law in Australia

The states, the territories, and the Commonwealth of Australia are not uniform in their treatment of blasphemy. Blasphemy is an offence in some jurisdictions but has been abolished in others. The last attempted prosecution for blasphemy by the Crown occurred in the state of Victoria in 1919.[1]

Austria

In Austria, Articles 188, 189 of the penal code relate to blasphemy.[citation needed]

Bangladesh

Main article: Blasphemy law in Bangladesh

Bangladesh discourages blasphemy by a provision in its penal code that prohibits "hurting religious sentiments," and by other laws and policies that suppress freedom of speech.[2]

Canada

The Criminal Code of Canada lists blasphemous libel as a crime; but the Code's provision contravenes provisions in the superseding Canadian Charter of Rights and Freedoms.[3]

The Crown last prosecuted a charge of blasphemous libel in R. v. Rahard (1935). In that case, the court adopted an argument that prosecutor E. J. Murphy had proffered in the case of R. v. Sperry (unreported) 1926. Mr. Murphy put the issue this way:

The question is, is the language used calculated and intended to insult the feelings of and the deepest religious convictions of the great majority of the persons amongst whom we live? If so, they are not to be tolerated any more than any other nuisance is tolerated. We must not do things that are outrages to the general feeling of propriety among the persons amongst whom we live.[4]

In Rahard, the Court found the Rev. Victor Rahard of the Anglican Church guilty of blasphemous libel for his aspersions upon the Roman Catholic Church.[5]

Because blasphemy appears to be an obsolete crime in Canada, Canadians complain instead of hate speech. The Criminal Code of Canada prohibits hate speech that targets an "identifiable group", which includes a religious group. Canada's provinces and territories have human rights commissions or tribunals which can award compensation in matters of hate speech.[citation needed]

Denmark

In Denmark, Paragraph 140 of the penal code is about blasphemy. The paragraph has not been used since 1938 when a Nazi group was convicted for antisemitic propaganda. The hate speech paragraph (266b) is used more frequently. Abolition of the blasphemy clause was proposed in 2004, but failed to gain a majority. It has been discussed since, especially after the Jyllands-Posten Muhammad cartoons controversy.[citation needed]

Egypt

Main article: Blasphemy law in Egypt

The vast majority of Egyptians are Sunni. The majority uses the law against blasphemy with other laws to persecute members of Egypt's minorities, especially: Shia, Sufi, Christians, Bahai, and atheists.[6]

European initiatives

The Parliamentary Assembly of the Council of Europe in Strasbourg adopted on 29 June 2007 Recommendation 1805 (2007) on blasphemy, religious insults and hate speech against persons on grounds of their religion. This Recommendation set a number of guidelines for member states of the Council of Europe in view of Articles 10 (freedom of expression) and 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The Assembly held that blasphemy should not be a criminal offence.[7]

In place of blasphemy or in addition to blasphemy in some European countries is the crime of "religious insult". A religious insult is forbidden in Andorra, Cyprus, Croatia, the Czech Republic, Denmark, Spain, Finland, Germany, Greece, Iceland, Italy, Lithuania, Norway, the Netherlands, Poland, Portugal, Russian Federation, Slovakia, Switzerland, Turkey and Ukraine.[8]

On 23 October 2008, the Venice Commission, the Council of Europe's advisory body on constitutional matters, issued a report about blasphemy, religious insult, and incitement to religious hatred.[9] The report noted that, in Europe, blasphemy is an offence only in Austria, Denmark, Finland, Greece, Italy, Liechtenstein, the Netherlands, and San Marino. In its conclusions, the report stated "it is neither necessary nor desirable to create an offence of religious insult" and "the offence of blasphemy should be abolished".[citation needed]

Finland

In Finland, section 10 of chapter 17 of the penal code relate to blasphemy.[10][11] Unsuccessful attempts were made to rescind the section in 1914, 1917, 1965, 1970, and 1998.[12]

Finnish blogger Seppo Lehto was sentenced to 2 years 4 months inprisonment in June of 2009 for speech crimes including blasphemy against Islam.

Germany

In Germany, blasphemy is covered by Article 166 of the Strafgesetzbuch, the German criminal law. If a deed is capable of disturbing the public peace, blasphemy is actionable. In 2006, Manfred van H. (also known as "Mahavo") was prosecuted for blasphemy.[citation needed]

Greece

Articles 198, 199, and 201 of the Greek Penal Code create offences which involve blasphemy. Article 198 "Malicious Blasphemy" provides:

1. One who publicly and maliciously and by any means blasphemes God shall be punished by imprisonment for not more than two years.
2. Except for cases under paragraph 1, one who by blasphemy publicly manifests a lack of respect for the divinity shall be punished by imprisonment for not more than three months.[13]

Article 199 "Blasphemy Concerning Religions" states: One who publicly and maliciously and by any means blasphemes the Greek Orthodox Church or any other religion tolerable in Greece shall be punished by imprisonment for not more than two years. [13]

Article 201 provides: One who willfully removes a corpse, parts of a corpse or the ashes of the dead from those who have lawful custody thereof or one who commits an offense with respect to a corpse or acts blasphemously and improperly toward a grave, shall be punished by imprisonment for not more than two years. [13]

Greece has not used its laws about blasphemy to protect any religion other than the Greek Orthodox Church, which is the state church of Greece. [13] In December 2003, Greece prosecuted for blasphemy Gerhard Haderer, an Austrian, along with his Greek publisher and four booksellers. Haderer is the author of an illustrated, humorous book entitled The Life of Jesus. The prosecutor contended that the book’s depiction of Jesus as a hippie was blasphemous. On 13 April 2005, the Court of Appeal of Athens, reversed the judgment of the Court of First Instance, and acquitted Haderer.[14]

Greece complements its laws against blasphemy with laws against "religious insult". The laws forbid the creation, display or trade in work that "insults public sentiment" or that "offends people's religious sentiments". The right to redress for a religious insult has so far been restricted to Christians.[15][16]

Indonesia

Main article: Blasphemy law in Indonesia

Article 156(a) of Indonesia's Criminal Code forbids anyone from deliberately, in public, expressing feelings of hostility, hatred, or contempt against religions with the purpose of preventing others from adhering to any religion, and forbids anyone from disgracing a religion. The penalty for violating Article 156(a) is a maximum of five years imprisonment.[17][18]

The Muslim majority uses the Criminal Code, presidential decrees, and ministerial directives to persecute religious minorities and unorthodox sects. The persecution in Indonesia makes it a place of much discrimination, harassment, and violence.[17][19]

Iran

Main article: Blasphemy law in Iran

An Islamic theocracy, Iran derives its law against blasphemy from Sharia. The law against blasphemy complements laws against criticizing the Islamic regime, insulting Islam, and publishing materials that deviate from Islamic standards.[20]

Ireland

In Ireland, blasphemy is prohibited by the constitution and carries a maximum fine of €25,000. A controversial law was brought into law on 9 July 2009 making blasphemous libel a crime for material "that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion; and he or she intends, by the publication of the matter concerned, to cause such outrage".[21]

Israel

In Israel, blasphemy is covered by Articles 170 and 173 of the penal code.[22]

Jordan

Main article: Blasphemy law in Jordan

Jordan's Penal Code prohibits anyone from blaspheming Islam, demeaning Islam or Muslim feelings, or insulting Prophet Mohammed.[23] Violating the prohibitions makes the violator liable for imprisonment (up to three years) and a fine.[24]

Kuwait

Main article: Blasphemy law in Kuwait

Kuwait is an Islamic state. It suppresses any blasphemy against Sunni Islam with legislation rather than by applying Sharia. Accusations of blasphemy in Kuwait usually target the Shia, academics, and journalists.

Malta

Instead of a law against blasphemy, Malta has laws against the vilification of religion, and against immorality. Enacted in 1933, Article 163 of Malta's Criminal Code[25] prohibits vilification of the Roman Catholic Apostolic Religion, which is Malta's religion. Vilification of Malta's religion makes the vilifier liable to imprisonment for a term from one to six months. By Article 164, vilification of any cult "tolerated by law" makes the vilifier liable to imprisonment for a term from one to three months. Article 338(bb) imposes liability upon anyone who, "even though in a state of intoxication, publicly utters any obscene or indecent words, or makes obscene acts or gestures, or in any other manner not otherwise provided for in this Code, offends against public morality, propriety or decency". Article 342 provides:

In respect of the contravention under article 338(bb), where the act consists in uttering blasphemous words or expressions, the minimum punishment to be awarded shall in no case be less than a fine (ammenda) of eleven euro and sixty-five cents (11.65) and the maximum punishment may be imprisonment for a term of three months . . . .

Netherlands

In The Netherlands, blasphemy is covered by Article 147 of the penal code. Gerard Reve was prosecuted in 1966 for allegedly breaking a law against blasphemy. In his novel Nader tot U (Nearer to Thee) he describes the narrator's love-making to God, incarnated in a three year old donkey. Reve was acquitted. In April 1968 he was acquitted by the High Council. When proposing to lift the law in 2008, Minister of Justice Hirsh Ballin considered that a) no true deity would need human protection, and b) there are more general rules in place to regulate civilized interaction.[citation needed]

New Zealand

In New Zealand, Section 123[26] of the Crimes Act 1961 allows for imprisonment up to one year for anyone who publishes any "blasphemous libel".

The only person prosecuted for blasphemous libel in New Zealand was John Glover, publisher of The Maoriland Worker (a newspaper), in 1922.[27] The Crown laid a charge of blasphemous libel because the 12 October 1921 issue of The Maoriland Worker included two poems by British poet Siegfried Sassoon. Siegfried's poem 'Stand-to: Good Friday Morning' includes the following three lines:

O Jesus, send me a wound to-day,
And I’ll believe in Your bread and wine,
And get my bloody old sins washed white!

The case was tried in the Supreme Court in 1922. The prosecution failed.

In 1998, the Crown decided not to prosecute Te Papa museum for displaying Tania Kovats' Virgin in a Condom.[28] In 2006, the Crown decided not to pursue blasphemy charges against CanWest, a broadcaster, for airing an episode of South Park featuring a menstruating Virgin Mary statue.[citation needed]

Rather than complaining of blasphemy, a New Zealander can complain of hate speech. New Zealand prohibits hate speech by its Human Rights Act 1993.[citation needed]

Nigeria

Main article: Blasphemy law in Nigeria

Nigeria prohibits blasphemy by section 204 of its Criminal Code and by permitting Sharia courts to operate in some states.[29][30] Vigilantism frequently usurps the jurisdiction of the courts.[31]

Pakistan

Main article: Blasphemy law in Pakistan

Among Muslim-majority countries, Pakistan has the strictest anti-blasphemy laws. § 295-A of Pakistan's Penal Code forbids outraging religious feelings. § 295-B punishes defilement of the Quran with life imprisonment. § 295-C prescribes the death penalty or the death penalty with a fine for the "use of derogatory remarks in respect of the Holy Prophet." § 298-B and § 298-C prohibit the Ahmadiyya from proselytizing or from behaving in any manner as Muslims.[citation needed]

The blasphemy laws are part of a system which fosters injustice, sectarian violence, and violence between religions. The usual victims are Shia, Ahmadiyya, Christians, and Hindus.[32][33] Persons accused of blasphemy as well as police, lawyers, and judges are often subject to harassment, threats, and attacks when blasphemy is in issue.[34]

In November 2008, Pakistan's government appointed Shahbaz Bhatti as Federal Minister for Minorities, and gave him cabinet rank. Bhatti has promised that the Asif Ali Zardari government will review Pakistan's blasphemy laws.[32] Pakistan has been an active supporter of the campaign by the Organisation of the Islamic Conference to create global laws against blasphemy.[32]

Saudi Arabia

Main article: Blasphemy law in Saudi Arabia

Islam is Saudi Arabia's state religion. The country's monarchy favors one school of Sunni Islam, namely, Wahhabism.[35] The country's laws are an amalgam of rules from Sharia, royal edicts, and fatawa from the Council of Senior Religious Scholars. Those laws prescribe penalties up to the death penalty for blasphemy.[36]

Sudan

Sudan has Sunni Islam as its state religion. About seventy percent of the country's population is Muslim. The next largest group—about twenty-five percent of the population—is animist.[37]

Section 125 of the Sudanese Criminal Act prohibits "insulting religion, inciting hatred and showing contempt for religious beliefs." The section includes as penalties: imprisonment, a fine, and a maximum of forty lashes. In November 2007, the section gave rise to the Sudanese teddy bear blasphemy case. In December 2007, the section was used against two Egyptian booksellers. They were sentenced to six months in prison because they sold a book that the court deemed an insult to Aisha, one of Prophet Mohammed's wives.[38]

In May 2005, the authorities arrested Mohammed Taha Mohammed Ahmed, and charged him with violating section 125. Ahmed was the editor-in-chief of a daily newspaper Al-Wifaq. The paper had published an article about a 500-year-old Islamic manuscript which says the real name of Mohammed’s father was not Abdallah but Abdel Lat, or Slave of Lat, an idol of the pre-Islamic era.[39] A court fined Al-Wifaq eight million Sudanese pounds—the paper was shut down for three months—but acquitted Ahmed. Ahmed was found decapitated in September 2006.[40]

United Arab Emirates

Main article: Blasphemy law in the United Arab Emirates

The United Arab Emirates discourage blasphemy by controlling what is published and distributed, by using Sharia punishments against Muslims, and by using judge-made penalties against non-Muslims.[41][42]

United Kingdom

Main article: Blasphemy law in the United Kingdom

Blasphemy laws in the United Kingdom were specific to blasphemy against Christianity. The last attempted prosecution under these laws was in 2007 when the fundamentalist group Christian Voice sought a private prosecution against the BBC over its broadcasting of the show Jerry Springer: The Opera (which includes a scene depicting Jesus, dressed as a baby, professing to be "a bit gay"). The charges were rejected by the City of Westminster magistrates court. Christian Voice applied to have this ruling overturned by the High Court, but the application was rejected. The court found that the common law blasphemy offences specifically did not apply to stage productions (s. 2(4) of the Theatres Act 1968) and broadcasts (s. 6 of the Broadcasting Act 1990).[43][44]

The last successful blasphemy prosecution (also a private prosecution) was Whitehouse v. Lemon in 1977, when Denis Lemon, the editor of Gay News, was found guilty. His newspaper had published James Kirkup's poem The Love that Dares to Speak its Name, which allegedly vilified Christ and his life. Lemon was fined £500 and given a suspended sentence of nine months imprisonment. It had been "touch and go", said the judge, whether he would actually send Lemon to jail.[45] In 2002, a deliberate and well-publicised public repeat reading of the poem took place on the steps of St Martin-in-the-Fields church in Trafalgar Square, but failed to lead to any prosecution.

The last person in Britain to be imprisoned for blasphemy was John William Gott on 9 December 1921. He had three previous convictions for blasphemy when he was prosecuted for publishing two pamphlets which satirised the biblical story of Jesus entering Jerusalem (Matthew 21:2-7), comparing Jesus to a circus clown. He was sentenced to nine months' hard labour.

The last prosecution for blasphemy in Scotland was in 1843.[46] In 1697, a Scottish court hanged Thomas Aikenhead for blasphemy.

On 5 March 2008, an amendment was passed to the Criminal Justice and Immigration Act 2008 which abolished the common law offences of blasphemy and blasphemous libel. (Common law is abolished, not repealed.) The Act received royal assent on 8 May 2008,[47] and the relevant section came into force on 8 July 2008.[48][49]

United States of America

Main article: Blasphemy law in the United States of America

A prosecution for blasphemy in the United States would fail as a violation of the American Constitution. The First Amendment to the United States Constitution provides:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press . . . ."

Accordingly, the United States has no laws against "religious insult" or "hate speech".[citation needed] (Note, however, that the United States does prosecute against "hate crimes", for which allegations of "hate speech" can be entered in evidence.[citation needed])

Yemen

Main article: Blasphemy law in Yemen

Accusations of blasphemy in Yemen serve the same purpose there as elsewhere. The accusations victimize religious minorities, intellectuals and artists, reporters and human rights defenders, and opponents of the ruling clique. If vigilantism or abuse by the authorities does not kill an accused or force an accused into exile, the accused in Yemen will be subject to Islamic law (Sharia). Sharia, according to some interpretations, prescribes death as the proper punishment for blasphemy.[50][51]

Others

See also

Landmarks in blasphemy

References

  1. ^ Priestly, Brenton (undated). "Blasphemy and the Law: A Comparative Study (2006)". Retrieved 6 July 2009. {{cite web}}: Check date values in: |date= (help)
  2. ^ "Strict blasphemy laws limit religious debate in Bangladesh". AsiaMedia. 18 May 2006. Retrieved 5 August 2009.
  3. ^ Tang, Colleen (2009-07-21). "Irish law makes it illegal to speak blasphemy". CBC News. Retrieved 23 July 2009. {{cite news}}: Check date values in: |date= (help)
  4. ^ 48 Canadian Criminal Cases 1.
  5. ^ The information on blasphemous libel in Canada comes from Tremeear's Annotated Criminal Code (published annually).
  6. ^ "Annual Report of the United States Commission on International Religious Freedom May 2009" (PDF). Retrieved 14 July 2009.
  7. ^ Recommendation 1805 (2007) of the Parliamentary Assembly of the Council of Europe.
  8. ^ Matthew Vella. http://www.maltatoday.com.mt/2009/03/08/t13.html Maltatoday on Sunday, 8 March 2009. Retrieved 2009-06-15.
  9. ^ European Commission for Democracy through Law. 'Report on the Relationship between Freedom of Expression and Freedom of Religion: The issue of Regulation and Prosecution of blasphemy, religious insult, and incitement to religious hatred'. Adopted by the Venice Commission at its 76th Plenary Session at Venice 17-18 October 2008.
  10. ^ the Penal Code of Finland (in Finnish), Finlex
  11. ^ An unofficial translation of the Penal Code of Finland (there is no official translation), Finlex
  12. ^ History of Religion Crime Laws (in Finnish), Uskonnonvapaus.fi
  13. ^ a b c d http://www.venice.coe.int/docs/2008/CDL(2008)090add2-e.asp
  14. ^ http://www.ifex.org/greece/2005/04/25/austrian_author_acquitted_on_appeal/
  15. ^ http://www.caslon.com.au/blasphemyprofile9.htm
  16. ^ http://www.venice.coe.int/docs/2008/CDL-AD(2008)026-e.asp
  17. ^ a b "Annual Report of the United States Commission on International Religious Freedom May 2009" (PDF). Indonesia. United States Commission on International Religious Freedom. May 2009. Retrieved 2009-06-24.
  18. ^ Al ‘Afghani, Mohamad Mova (3 December 2007). "Ruling against blasphemy unconstitutional". The Jakarta Post. Retrieved 2009-06-20.
  19. ^ "Indonesia". International Religious Freedom Report 2007. U.S. State Department. Retrieved 2009-06-22.
  20. ^ "Annual Report of the United States Commission on International Religious Freedom May 2009" (PDF). Retrieved 2009-07-06.
  21. ^ http://www.irishtimes.com/newspaper/breaking/2009/0710/breaking23.htm
  22. ^ Hebrew Wikisource
  23. ^ Samson, Elizabeth (10 September 2008). "Criminalizing Criticism of Islam". Wall Street Journal Europe. Retrieved 26 June 2009.
  24. ^ Ma'ayeh, Suha (30 May 2008). "Jordan court to rule on cartoon case". The National (United Arab Emirates). Retrieved 30 June 2009.
  25. ^ [docs.justice.gov.mt/lom/legislation/english/leg/vol_1/chapt9.pdf Malta's Criminal Code]
  26. ^ Crimes Act 1961 - Section 123
  27. ^ Geoffrey Troughton (2006). "The Maoriland Worker and Blasphemy in New Zealand". History Cooperative. Retrieved 2008-07-05. {{cite web}}: Unknown parameter |month= ignored (help)
  28. ^ http://www.caslon.com.au/blasphemyprofile5.htm
  29. ^ "Criminal Code Act". Chapter 77 (Laws of the Federation of Nigeria 1990). Nigeria. Retrieved 2 August 2009.
  30. ^ "Constitution of the Federal Republic of Nigeria 1999". Nigeria. Retrieved 2 August 2009.
  31. ^ "2008 Human Rights Report: Introduction". U.S. State Department. 25 February 2008. Retrieved 2 August 2009.
  32. ^ a b c "Annual Report of the United States Commission on International Religious Freedom May 2009" (PDF). Pakistan. United States Commission on International Religious Freedom. May 2009. Retrieved 2009-06-24.
  33. ^ Ahmed, Akbar S. (19 May 2002). "Pakistan's Blasphemy Law: Words Fail Me". The Washington Post. Retrieved 2009-06-28.
  34. ^ United Nations Office of the High Commissioner for Human Rights (8 October 2008). "Asma Jahangir". United Nations. Retrieved 2009-06-27.
  35. ^ http://www.uscirf.gov/index.php?option=com_content&task=view&id=1414&Itemid=1 Annual Report of the United States Commission on International Religious Freedom May 2009.
  36. ^ http://www.amnestyusa.org/document.php?lang=e&id=4FBA416ABC8805C2802569A600603109
  37. ^ Rone, Jemera (25 September 2007). "Religious Persecution in Sudan". Human Rights Watch. Retrieved 28 July 2009.
  38. ^ "Sudan jails two Egyptians for blasphemy". Sudan Tribune. 18 December 2007. Retrieved 28 July 2009.
  39. ^ "Alarm about trial of journalist on blasphemy charge". Reporters Without Borders. 12 May 2005. Retrieved 29 July 2009.
  40. ^ "Kidnapped Sudanese Editor Found Slain / Journalist beheaded in Khartoum". One-click News. 6 September 2006. Retrieved 28 July 2009.
  41. ^ "United Arab Emirates". U.S. Department of State. 31 January 1994. Retrieved 20 August 2009.
  42. ^ "United Arab Emirates". International Religious Freedom Report 2008. U.S. Department of State. Undated. Retrieved 20 August 2009. {{cite web}}: Check date values in: |date= (help)
  43. ^ "Springer opera court fight fails". BBC News. 2007-12-05. Retrieved 2007-12-05. {{cite news}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help)
  44. ^ Green, R (on the application of) v The City of Westminster Magistrates' Court [2007] EWHC 2785 (Admin) (5 December 2007)
  45. ^ Brett Humphreys: The Law That Dared to Lay the Blame
  46. ^ Hugh Barclay: A Digest of the Law of Scotland: With Special Reference to the Office, T & T Clark, Edinburgh, 1855, p.86
  47. ^ Ruth Geller. "Goodbye to Blasphemy in Britain". Institute for Humanist Studies. Retrieved 2008-06-06.
  48. ^ JURIST - Paper Chase: UK House of Lords votes to abolish criminal blasphemy
  49. ^ Criminal Justice and Immigration Act 2008, sections 79 and 153.
  50. ^ http://www.amnestyusa.org/document.php?lang=e&id=4FBA416ABC8805C2802569A600603109 Amnesty International Report on Saudi Arabia 2007.
  51. ^ http://thereport.amnesty.org/en/regions/middle-east-north-africa/saudi-arabia Amnesty International Report on Saudi Arabia 2009.
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