Who asked for Ireland's blasphemy law?2. Comment #394873 by Fizzle on July 9, 2009 at 11:25 pm
3. Comment #394874 by Raiko on July 9, 2009 at 11:29 pm
4. Comment #394875 by Steve Zara on July 9, 2009 at 11:41 pm
Paul-5. Comment #394876 by beanson on July 9, 2009 at 11:43 pm
6. Comment #394878 by Fizzle on July 9, 2009 at 11:49 pm
7. Comment #394881 by Steve Zara on July 10, 2009 at 12:00 am
Blasphemy is a very strange thing.8. Comment #394882 by JIBJABBER on July 10, 2009 at 12:08 am
9. Comment #394884 by JIBJABBER on July 10, 2009 at 12:19 am
10. Comment #394885 by ev-love on July 10, 2009 at 12:29 am
11. Comment #394886 by Rodger T on July 10, 2009 at 12:35 am
12. Comment #394888 by critica on July 10, 2009 at 1:07 am
13. Comment #394890 by Disbelief on July 10, 2009 at 1:16 am
14. Comment #394891 by Ignorant Amos on July 10, 2009 at 1:18 am
Looking at the size of potential fines, might this be a revenue generator, seeing as the Celtic Tiger has had its claws clipped due to the credit crunch?15. Comment #394892 by Ignorant Amos on July 10, 2009 at 1:20 am
12. Comment #394888 by critica16. Comment #394893 by bendigeidfran on July 10, 2009 at 1:22 am
17. Comment #394895 by Ignorant Amos on July 10, 2009 at 1:23 am
16. Comment #394893 by bendigeidfran18. Comment #394896 by Ignorant Amos on July 10, 2009 at 1:26 am
Each of the two tribes of christianity have tunes they identify with and that are offensive to the other....singing or whistling the the "Sash My Father Wore" in earshot of a catholic employee could lead to dismissal.19. Comment #394897 by Ignorant Amos on July 10, 2009 at 1:27 am
at the very least... a verbal warning20. Comment #394898 by bendigeidfran on July 10, 2009 at 1:29 am
21. Comment #394899 by ColdFusionLazarus on July 10, 2009 at 1:40 am
So Irish law has now enshrined the notion that the taking of offence is more important than free expression
22. Comment #394900 by Ignorant Amos on July 10, 2009 at 1:43 am
20. Comment #394898 by bendigeidfran23. Comment #394901 by hungarianelephant on July 10, 2009 at 1:45 am
I wouldn't be too quick to close this down. If you think about it, we can offend Muslims just by being Christian; or offend Christians by being the wrong denomination. Why, they could sue the socks off each other and we need only stand back and watch the whole thing implode!
24. Comment #394902 by Disbelief on July 10, 2009 at 1:49 am
25. Comment #394903 by hungarianelephant on July 10, 2009 at 1:57 am
As the Irish should say, "Where's my referendum?"
Wouldn't that then make all religions illegal?
26. Comment #394904 by bendigeidfran on July 10, 2009 at 1:59 am
27. Comment #394905 by ColdFusionLazarus on July 10, 2009 at 2:01 am
Though exactly why we can't lump all the changes together with Lisbon II, I have no idea.
28. Comment #394906 by Disbelief on July 10, 2009 at 2:02 am
29. Comment #394907 by Peacebeuponme on July 10, 2009 at 2:08 am
outrage among a substantial number of the adherents of [a] religionIs this the actual wording? Does anybody have the actual wording of the proposed law?
30. Comment #394908 by hungarianelephant on July 10, 2009 at 2:11 am
Because all religions have stated differences to each other and are therefor blasphemous and so the CPS or the Irish equivalent would have to prosecute them, wouldn't they?
31. Comment #394909 by hungarianelephant on July 10, 2009 at 2:13 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.
32. Comment #394911 by Disbelief on July 10, 2009 at 2:16 am
33. Comment #394912 by AllanW on July 10, 2009 at 2:18 am
34. Comment #394916 by Ignorant Amos on July 10, 2009 at 2:42 am
26. Comment #394904 by bendigeidfranThey've both got the same god for a start. Could we put something in the water? hallucinogenic love drugs?
35. Comment #394917 by Peacebeuponme on July 10, 2009 at 2:45 am
hungarian36. Comment #394918 by rod-the-farmer on July 10, 2009 at 2:46 am
37. Comment #394919 by rod-the-farmer on July 10, 2009 at 2:50 am
38. Comment #394920 by Dispiracist on July 10, 2009 at 2:52 am
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.
39. Comment #394921 by Peacebeuponme on July 10, 2009 at 2:55 am
Ignorant AmosI was still serving in the forces at the time, but had reason to pop along to the odd Rave myself to see what all the fuss was about. I couldn't believe my eyes, young people from polar opposites, dancing and hugging each other, where the two would normally tearing each other to shreads.Great story. But it must be a lie because we all know that no good can ever come from drugs. Ever.
40. Comment #394923 by Ignorant Amos on July 10, 2009 at 3:05 am
39. Comment #394921 by Peacebeuponme41. Comment #394924 by RedBarchetta on July 10, 2009 at 3:12 am
42. Comment #394925 by bendigeidfran on July 10, 2009 at 3:13 am
43. Comment #394926 by Ygern on July 10, 2009 at 3:15 am
44. Comment #394927 by Michael Nugent on July 10, 2009 at 3:25 am
45. Comment #394931 by Ignorant Amos on July 10, 2009 at 3:57 am
42. Comment #394925 by bendigeidfranMaybe we should stop funding these parasitic mafia bullies - legalise it and take their drug money away.
46. Comment #394936 by hungarianelephant on July 10, 2009 at 4:23 am
does that mean that that the attorney general has the last say on what is "grossly abusive or insulting in relation to matters held sacred"?
Sounds to me to be written in such a way that would be impossible to generate any convictions, not that that makes it ok.
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.
Reasonable people are extremely rare and unusual, possibly not even fully human by normal standards. There are probably more leprechauns in Ireland than reasonable people.
47. Comment #394937 by kablaamee on July 10, 2009 at 4:25 am
You'd think that if you could find intelligent people on the internet that we'd have at least a few in the dáil.48. Comment #394939 by hungarianelephant on July 10, 2009 at 4:35 am
49. Comment #394941 by Ignorant Amos on July 10, 2009 at 4:39 am
From a posters reply at Blasphemy.ieAs a significant minority living in Ireland, Muslims abide by the principles in both the Quran and Sunnah that lay the groundwork for peaceful cohabitation and cooperation, premised upon mutual respect and civility. Why would Atheist Ireland actively seek to break this covenant?”
50. Comment #394942 by Ignorant Amos on July 10, 2009 at 4:45 am
When the Taoiseach (Irish Prime Minister)even has the unflattering nickname of BIFFO.....
1. Comment #394872 by Paul42 on July 9, 2009 at 11:17 pm
Love.
Other Comments by Paul42