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"An Act against Atheism and Blasphemy" as enacted in 1697 in "His Majesty's PROVINCE of the MASSACHUSETTS-BAY in NEW-ENGLAND" (1759 printing)

In some countries, blasphemy – irreverence toward supposed holy personages, religious artifacts, customs, and beliefs – 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 in England and Wales 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

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

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

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 is not in others. The last attempted prosecution for blasphemy by the Crown occurred in the state of Victoria in 1919.[1]

Austria

In Austria, two sections of the penal code relate to blasphemy:[2]

  • § 188 : Vilification of Religious Teachings
  • § 189 : Disturbance of Religious Practice

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.[3]

Brazil

Art. 208 of the penal code states that "publicly vilifying an act or object of religious worship" is a crime punishable with 1 month to a year of incarceration, or fine.[4]

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.[5]

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.[6]

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.[7]

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

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.[8]

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.[9]

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.[10]

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.[11] 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".

Finland

In Finland, section 10 of chapter 17 of the Criminal Code relate to blasphemy.[12][13] Unsuccessful attempts were made to rescind the section in 1914, 1917, 1965, 1970, and 1998.[14]

In 1969, Harro Koskinen was prosecuted for publishing a picture of his painting called Pig Messiah, which featured a crucified pig. For violating the sensibilities of a religion, Koskinen had to pay a fine.[15][16]

In 2008, the issue of religious sensibilities arose again. On 30 May 2008, Tampere District Court sentenced Seppo Lehto to two years and four months in prison for offences which involve hate speech and blasphemy. The court found Lehto guilty of: defamation, incitement of an ethnic group, and violating the sensibilities of a religion. The judgment said that Lehto had violated the sensibilities of Islam because he had disseminated, with insulting intentions, material which openly blasphemes and desecrates that which Muslims deem holy.[16] Outraged by the punishment of Lehto, Jussi Halla-aho, a Helsinki councilman, posted to the Internet in 2008 some controversial remarks about Islam and about Somalis. Those remarks induced Helsinki District Court to order Halla-aho to trial.[17]

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.[18]

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.[19]

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.[19]

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.[19]

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.[19] 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.[20]

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.[21][22]

India

Since Hinduism, India's dominant religion does not have the concept of blasphemy;[23][24] such laws are absent in tradition. However, blasphemy laws were introduced by the Muslim rulers to safeguard Islamic interests. In 1860, the British repealed blasphemy laws [citation needed]. Today, Section 295A of the Indian Penal Code punishes as hate speech insults or attempts to insult the religion or the religious beliefs of any citizen with deliberate and malicious intention to outrage their religious feelings.[25]

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.[26][27]

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.[26][28]

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.[29]

Ireland

In Ireland, blasphemy is prohibited by the constitution and carries a maximum fine of €25,000. A controversial law was passed on 9 July 2009 and went into effect on 1 January 2010. However, in March 2010, it was announced that there would be a constitutional amendment referendum held about whether or not to maintain the existing prohibition[30]

Israel

In Israel, blasphemy is covered by Articles 170 and 173 of the penal code.[31][32]

Insult to religion
170. If a person destroys, damages or desecrates a place of worship or any object which is held sacred by a group of persons, with the intention of to reviling their religion, or in the knowledge that they are liable to deem that act an insult to their religion, then he is liable to three years imprisonment.
Injury to religious sentiment
173. If a person does any of the following, then he is liable to one year imprisonment:
(1) he publishes a publication that is liable crudely to offend the religious faith or sentiment of others;
(2) he voices in a public place and in the hearing of another person any word or sound that is liable crudely to offend the religious faith or sentiment of others.

Jordan

Jordan's Penal Code prohibits anyone from blaspheming Islam, demeaning Islam or Muslim feelings, or insulting Prophet Mohammed.[33] Violating the prohibitions makes the violator liable for imprisonment (up to three years) and a fine.[34]

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.

Malaysia

Malaysia prevents insult to religion and to the religious by education, by restrictions upon the broadcasting and publishing media, and by the legal system. Some states in the Malaysian federation operate Sharia courts to protect Islam, and, when Sharia is not applicable, the Malaysian Penal Code provides penalties for offenses against religion.[35]

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[36] 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 . . . .

In 2008, criminal procedures were initiated against 621 people for blaspheming in public.[37]

Netherlands

The Kingdom of the Netherlands prohibits blasphemy by a provision in its penal code. Article 147 punishes (by up to three months in jail or a fine of the second category (i.e. up to €3,800[38])) anyone who publicly, orally or in writing or depiction, offends religious feelings by scornful blasphemy.[39] Furthermore, article 429bis prohibits displaying blasphemous material at places visible from the public road.[40] The law came into being in the 1930s after the Communist Party called for Christmas to be dropped from the list of state holidays.[41] The last successful conviction under Article 147 took place in the early 1960s when a student newspaper was fined 100 guilders for satirizing the New Testament.[41] The law against blasphemy complements laws against racial discrimination and incitement to violence.

In 1966, the Public Prosecution Service prosecuted Gerard Reve under Article 147. In his novel Nader tot U (Nearer to Thee), Reve describes the narrator's sexual intercourse with God, who is incarnated in a donkey. The court of first instance convicted Reve. He appealed. In April 1968, an appeal court quashed the conviction.[42][43]

In November 2008, Justice Minister Ernst Hirsch Ballin expressed the country’s coalition government's intent to repeal Article 147.[42] He said the government would strengthen the legislation against discrimination to prohibit any insult to any group of people.[44] In May 2009, the government decided to leave the law as it is. The decision followed a high court ruling in which a man who had put up a poster that read "stop the tumour that is Islam" was found not guilty of insulting a group of people on the grounds of their religion.[44]

New Zealand

In New Zealand, Section 123[45] of the Crimes Act 1961 allows for imprisonment up to one year for anyone who publishes any "blasphemous libel". To date the only prosecution for blasphemous libel in New Zealand has been the case of John Glover, publisher of The Maoriland Worker (a newspaper), in 1922. Glover was acquitted.

Nigeria

Nigeria prohibits blasphemy by section 204 of its Criminal Code and by permitting Sharia courts to operate in some states.[46][47] Vigilantism frequently usurps the jurisdiction of the courts.[48]

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 usual victims are minorities like the Ahmadiyya and Christians but it seems that they are also increasingly Muslims.[49] Persons accused of blasphemy as well as police, lawyers, and judges are often subject to harassment, threats, attacks and murders when blasphemy is the issue.[50]

In November 2008, Pakistan's government appointed Shahbaz Bhatti as Federal Minister for Minorities, and gave him cabinet rank. Bhatti had promised that the Asif Ali Zardari government would review Pakistan's blasphemy laws.[51] Pakistan has been an active supporter of the campaign by the Organisation of the Islamic Conference to create global laws against blasphemy.[51] Bhatti was shot dead on 2nd March 2011, by Taliban militants in Islamabad. According to the BBC, he was travelling to work through a residential district, having just left his mother's home, when his vehicle was sprayed with bullets.

Salmaan Taseer, Governor of Pakistan's powerful Punjab province and a key aide of President Asif Ali Zardari, was assassinated in Islamabad on 4 jan 2011, by one of his security guards who was angered by his opposition to a controversial blasphemy law.

Saudi Arabia

Islam is Saudi Arabia's state religion. The country's monarchy favors one school of Sunni Islam, namely, Wahhabism.[52] 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.[53]

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.[54]

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.[55]

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.[56] 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.[57]

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.[58][59]

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).[60][61]

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.[62] 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.[63] 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 in England and Wales. (Common law is abolished, not repealed.) The Act received royal assent on 8 May 2008,[64][65] and the relevant section came into force on 8 July 2008.[66][67]

United States of America

A prosecution for blasphemy in the United States would fail as a violation of the U.S. 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 . . . ."

Because of the First Amendment's protection of free speech and religious exercise from federal interference, and the Fourteenth Amendment's extension of those protections against state regulation, the United States and its constituent state governments may not prosecute blasphemous speech or religious insults and may not allow civil actions on those grounds. In Joseph Burstyn, Inc. v. Wilson, the U.S. Supreme Court ruled that New York could not enforce a censorship law against filmmakers whose films contained "sacrilegious" content. The opinion of the Court, by Justice Clark, stated that:

"from the standpoint of freedom of speech and the press, it is enough to point out that the state has no legitimate interest in protecting any or all religions from views distasteful to them which is sufficient to justify prior restraints upon the expression of those views. It is not the business of government in our nation to suppress real or imagined attacks upon a particular religious doctrine, whether they appear in publications, speeches, or motion pictures."[68]

It should be noted, however, that the United States and some individual state jurisdictions provide for stronger criminal penalties for crimes when committed against a person because of that person's religious affiliation. For instance, Section 3A1.1 of the 2009 United States Sentencing Guidelines states that: "If the finder of fact at trial or, in the case of a plea of guilty or nolo contendere, the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person," the sentencing court is required to increase the standard sentencing range.[69]

In October 2009, Congress passed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act as part of Public Law 111-84. Section 4707 of P.L. 111-84 creates an distinct felony for crimes of violence against persons because of the victim's actual or perceived race, religion, gender, sexual orientation, or membership in other protected categories.[70]

Although "hate speech" is not a crime in itself (P.L 111-84 explicitly states that nothing in the act is intended to criminalize speech against religious or other protected groups except where the speech constitutes conspiracy or solicitation), statements showing hatred against people in religious or other protected groups are admissible if relevant to show motive or intent.[71]

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.[72][73][74][75]

Others

See also

References

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  2. ^ "(English)Penal Code". Retrieved 14 January 2011. (English) § 188 VILIFICATION OF RELIGIOUS TEACHINGS: Anyone who publicly disparages a person or thing that is the object of worship of a domestic church or religious society, or a doctrine, [or other] behavior is likely to attract legitimate offense shall be punished... § 189 DISTURBANCE OF RELIGIOUS PRACTICE: (1) Whoever prevents by force or threat of violence, the law permitted such service or individual acts of worship in a church or religious community existing domestic or interfere, shall be punished with imprisonment up (2) Whoever [commits in a Church or religious place] mischief that is likely to attract legitimate offense shall be punished... {{cite web}}: line feed character in |quote= at position 10 (help)
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  65. ^ Criminal Justice and Immigration Act 2008, see section 79 and Part 5 of Schedule 28.
  66. ^ JURIST - Paper Chase: UK House of Lords votes to abolish criminal blasphemy
  67. ^ Criminal Justice and Immigration Act 2008, section 153: Commencement
  68. ^ Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495 (1952)
  69. ^ United States Sentencing Commission Guidelines Manual § 3A1.1 (2009)
  70. ^ P.L. 111-84
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  73. ^ http://www.iheu.org/node/1541
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  75. ^ Amnesty International Report on Saudi Arabia 2009.