Blasphemy law a return to middle ages - Dawkins2. Comment #395694 by superwolf on July 12, 2009 at 10:43 pm
3. Comment #395698 by Dr Doctor on July 12, 2009 at 11:13 pm
4. Comment #395699 by Kimpatsu on July 12, 2009 at 11:14 pm
5. Comment #395707 by Alternative Carpark on July 12, 2009 at 11:43 pm
6. Comment #395712 by Shane McKee on July 13, 2009 at 12:06 am
7. Comment #395713 by ashtonjaymz on July 13, 2009 at 12:25 am
8. Comment #395716 by MrPickwick on July 13, 2009 at 12:39 am
9. Comment #395717 by godless_hoor on July 13, 2009 at 12:41 am
10. Comment #395718 by critica on July 13, 2009 at 12:50 am
11. Comment #395719 by Follow Peter Egan on July 13, 2009 at 12:50 am
Wow, this is actually quite terrifying.
12. Comment #395720 by Fidgaf on July 13, 2009 at 12:52 am
It's a FANTASTIC law.13. Comment #395721 by friendlypig on July 13, 2009 at 12:59 am
14. Comment #395723 by Fidgaf on July 13, 2009 at 1:08 am
Should we write to the Pope and demand an immediate response against the blasphemous Protestants, Latter Day Saints, Nontrinitarians and Messianic Jews?15. Comment #395725 by Disbelief on July 13, 2009 at 1:38 am
16. Comment #395730 by Flapjack on July 13, 2009 at 1:53 am
17. Comment #395731 by hungarianelephant on July 13, 2009 at 1:54 am
18. Comment #395734 by Fidgaf on July 13, 2009 at 2:03 am
@Disbelief:19. Comment #395735 by RightWingAtheist on July 13, 2009 at 2:04 am
20. Comment #395740 by WilliamP on July 13, 2009 at 2:23 am
To all Irish citizens:21. Comment #395741 by Roland_F on July 13, 2009 at 2:26 am
For similar reasons e.g backwards religious inspired laws, Turkey is objected from many to join the EU.22. Comment #395743 by Dr Doctor on July 13, 2009 at 2:28 am
23. Comment #395746 by Vaal on July 13, 2009 at 2:42 am
24. Comment #395750 by Steve Zara on July 13, 2009 at 2:54 am
Let's deal with this idea that blasphemy is a victimless crime. I think that is wrong. The victim is clearly God.... but that has to be wrong, unless he can be shown to exist. Ok then, the victim is clearly the poor believers who have been offended. But that has to be wrong, as they almost never do the complaining. It is the leaders of religious communities. But that is so so weird. Why should people need some leader to insist that they have taken offense? In any other area of society such an arrangement would look completely barmy. Imagine if there was a law which protected football teams from public statements saying they were rubbish. People would think the legal system had gone mad.25. Comment #395751 by rod-the-farmer on July 13, 2009 at 2:55 am
26. Comment #395752 by JAMCAM87 on July 13, 2009 at 3:01 am
27. Comment #395754 by CaptainMandate on July 13, 2009 at 3:05 am
28. Comment #395763 by mjwemdee on July 13, 2009 at 3:59 am
29. Comment #395765 by hungarianelephant on July 13, 2009 at 4:05 am
36. Publication or utterance of blasphemous matter.
(1) A person who publishes or utters blasphemous matter shall be guilty of an offence and shall be liable upon conviction on indictment to a fine not exceeding €100,000*.
(2) For the purposes of this section, a person publishes or utters blasphemous matter if (a) he or she publishes or utters matter 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 (b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.
(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
As regards the offence of blasphemous libel, I believe we would all agree that the optimal approach, and certainly the one I would probably find most preferable, would be to abolish it altogether. However, we are where we are in regard to what is in the Constitution.
...
My proposal for a new section 35 has regard to the constitutional provision, the decision of the Supreme Court in the Corway case in 1999 and the earlier recommendations of the Law Reform Commission. This new section includes a definition of "blasphemous matter" along the lines proposed by the commission in its report. In addition, the term "outrage" as proposed by the commission is used so as not to widen the scope of the offence. There is also a requirement for a mens rea for the offence. A person should only be criminalised for the offence if he or she intended to cause outrage. We must avoid criminalising a person who might not have known that the matter in question was insulting because he or she was not aware of the teachings of a particular religion. The provision does not include a definition of religion; that interpretation must be left to the courts. The term "religion" was used in the Prohibition of Incitement to Hatred Act 1989 where it was clearly intended that all religions be covered without being defined. The new section also provides for a monetary sanction only, with the removal of the prison sanction. I am also ensuring that any future prosecutions are taken by the Director of Public Prosecutions and not by individuals, as has occurred on several occasions since 1961.
In addition, my revised proposal now includes, in a new subsection 35(3), a defence in proceedings for an offence under this section whereby the defendant may prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates. My proposal mirrors somewhat that proposed by the Labour Party. However, it requires, in regard to the onus of proof, for "genuine value" as opposed to merely "any value". It does not include the broad and somewhat vague "social value" test.
...
Without incurring the expense of holding a referendum*, I am including as much as possible with regard to what is, in effect, an arcane concept. Because of the constitutional imperative, I propose the inclusion of a changed section that will raise the bar pretty high for a possible prosecution.
Deputy Charles Flanagan (FG): The Minister commenced what he admitted was a rather lengthy explanation of the reason for the inclusion into the Bill of this new section by speaking of his visits to Rome and what he did while there as though it bears any relevance to the Bill. I can draw one inference from his visits to Rome, which is that he certainly has engaged in something of a circus in respect of this legislation. His belated attempt to introduce a good defence procedure makes the Bill less operable than was the case heretofore.
...
Although the Minister proposed this provision as an attempt to justify the reason blasphemous libelshould be enshrined in legislation, he has ensured that this section of the Bill is completely unworkable. This is a classic example of an Irish solution to an Irish problem.
30. Comment #395769 by Peter_on_Sax on July 13, 2009 at 4:24 am
Under the European Arrest Warrant (EAW) legislation, any EU member state can issue a warrant for the arrest and extradition of a suspected criminal. The arrest warrant is enforceable in all EU member states.31. Comment #395771 by Bolland on July 13, 2009 at 4:36 am
I believe it was Abraham Lincoln who observed that the best way to get a bad law repealed was to enforce it strictly. We should only hope that this is what occurs.32. Comment #395780 by Fidgaf on July 13, 2009 at 5:00 am
@ rod-the-farmer33. Comment #395786 by DeepFritz on July 13, 2009 at 5:27 am
34. Comment #395789 by mmurray on July 13, 2009 at 5:35 am
35. Comment #395793 by Humanist Wikitopian on July 13, 2009 at 5:50 am
16. Comment #395730 by Flapjack: Middle ages? I thought Blasphemy laws have a more ancient pedigree than that...
http://www.youtube.com/watch?v=MIaORknS1Dk
36. Comment #395795 by rod-the-farmer on July 13, 2009 at 6:00 am
37. Comment #395796 by Flapjack on July 13, 2009 at 6:02 am
38. Comment #395802 by mmurray on July 13, 2009 at 6:13 am
39. Comment #395803 by bendigeidfran on July 13, 2009 at 6:20 am
40. Comment #395804 by Stella on July 13, 2009 at 6:20 am
41. Comment #395811 by hungarianelephant on July 13, 2009 at 6:43 am
42. Comment #395820 by Frankus1122 on July 13, 2009 at 6:58 am
It doesn't matter whether the RC church considers something blasphemous - only whether it would cause "outrage" amongst a "substantial number of adherents".
43. Comment #395823 by DoctorE on July 13, 2009 at 7:03 am
44. Comment #395832 by PERSON on July 13, 2009 at 7:34 am
44. Comment #395823 by DoctorE on July 13, 2009 at 7:03 am45. Comment #395853 by JonLynnHarvey on July 13, 2009 at 8:48 am
Blasphemy wasn't even a civil offense in England until the 17th century, and then was used in dreadful ways including prosecuting the publication of some of Percy Shelly's poetry. It's clearly just a power-grab.46. Comment #395887 by merry-v on July 13, 2009 at 9:24 am
I wonder if any statement causing that level of outrage could be handled under (presumably) existing public order laws anyway. which makes the blasphemy law redundant (as well as embarrassing and stupid)47. Comment #395889 by BlueCollar8theist on July 13, 2009 at 9:28 am
48. Comment #395915 by Flapjack on July 13, 2009 at 10:21 am
49. Comment #395930 by GBile on July 13, 2009 at 10:53 am
50. Comment #395936 by Frankus1122 on July 13, 2009 at 11:22 am
1. Comment #395692 by RPizzle on July 12, 2009 at 10:39 pm
However, I'm actually somewhat heartened that this may serve as a rallying point for the secular community.
Being an American, I'd almost hope for something like this to happen...if only to get other Atheists to stand up and be counted.
I really do hope that this law goes down in flames. My hats off to the Irish Atheists.
Other Comments by RPizzle