While some Middle Eastern and South Asian countries continue to enforce these laws strictly, others have abolished or modified them to align with modern human rights standards. The punishments for these transgressions vary from fines to the death penalty, but the vast majority of countries (86%) that enforce blasphemy laws prescribe imprisonment for convicted offenders. But in 2008, the public were surprised to yet again find the anachronistic concept of blasphemy on the news.
Blasphemy laws
Under English law this is nonsensical, as only people can be harmed in this fashion, so this charge, if it had been successful, would have established a special, protected status for Islam. Weeks ago I made a Freedom of Information request of the CPS, asking in how many instances of ‘the religious institution of Islam’ appeared in recent indictments. Just this morning they responded, saying that it would take too long for them to review all the charges they had made, and that they would not comply with the FOI request.
Defamation of religion and the United Nations
Some Muslims in 1990 and Christians all over the UK have wished to silence critics of religion. Before its abolition, the blasphemy laws were supported by various Christian lobby groups including Christian Voice and the Church of England5, although “George Carey, the former archbishop of Canterbury, said yesterday that the blasphemy laws should be axed and he believed the Church of England would not seriously oppose such a move”13. Officially, blasphemy was abolished by New Labour in the 2008 Criminal Justice Act. But today, with the conviction of Hamit Coskun, blasphemy laws now exist in England.
20th Century
“The House of Lords held that there was no need to prove an intention to blaspheme, but rather that it was sufficient to prove that a blasphemous libel … had been published”8. In contrast, in West Asia, the birthplace of Abrahamic religions (namely Islam, Judaism, and Christianity), there was no room for such tolerance and respect for dissent where heretics and blasphemers had to pay with their lives. Even in Europe, arguably the most secular region of the world, several countries still have laws on their books dealing with blasphemy. However, the IHEU report found blasphemy can still technically carry the death penalty in Nigeria and Somalia.
Please list any fees and grants from, employment by, consultancy for, shared ownership in or any close relationship with, at any time over the preceding 36 months, any organisation whose interests may be affected by the publication of the response. Please also list any non-financial associations or interests (personal, professional, political, institutional, religious or other) that a reasonable reader would want to know about in relation to the submitted work. V. Austria (2018), when the European Court of Human Rights (ECHR) upheld a conviction against a woman for disparaging religious doctrines. The court ruled that the conviction was necessary to “protect religious peace.” The decision was widely criticized as a blow to freedom of speech in Europe.
Hyperbolic use of the term blasphemy
- According to the most recent Pew Research report, one-third of the Americas still have anti-blasphemy laws, as do almost a quarter of countries in the Asia-Pacific region.
- Punishment—Any person who shall wilfully blaspheme the holy name of God, by cursing or contumeliously reproaching God, shall be guilty of a misdemeanor.
- It was used to persecute the publication of anything that questioned Christian beliefs or the Christian religion.
- A 2017 report by the US Commission on International Religious Freedom (CIRF) identified 71 countries that criminalise views deemed to be blasphemous.
- Fourteen countries in the region also criminalise apostasy, the act of formally renouncing a religion.
The Report’s findings serve as a warning that the international community must come together to fight for the repeal of ‘blasphemy’ laws globally if we are to ensure that the right to freedom of religion or belief is extended to all, equally. England’s blasphemy laws originally cover all Christian denominations but in an 1838 case it was restricted to protect the “tenets and beliefs of the Church of England”5. In “Constitutional & Administrative Law” by Hilaire Barnett (2004)1 it states that for the fifty-five years between 1922 and 1977 there were no prosecutions for blasphemous libel1. It was rightly thought and felt by all that such outdated laws were no longer usable in court.
- Using examples drawn from among the 38 country entries updated in 2024 — including recent developments in Afghanistan, Italy, Nigeria, and Qatar — the Key Countries edition exposes the pernicious nature of ‘blasphemy’ laws.
- Please also list any non-financial associations or interests (personal, professional, political, institutional, religious or other) that a reasonable reader would want to know about in relation to the submitted work.
- The bill was accepted 11 June 2013.130 According to Article 148 of Russian Criminal Code it is declared a crime to conduct “public actions expressing explicit disrespect for society and committed for the purpose of offending the religious feelings of believers”.
- Everyone would always be blaspheming against some facet of some religion all the time.
- It became apparent in the modern era that there were legal limitations to Blasphemy laws.
Artist Paul Baraka127 also received a warning for his works, including an installation in which Jesus is crucified in boxers and wearing deer horns, being worshiped by a group of “zombies” and an oil on canvas painting with elements from the Virgin Mary and the Child icon. In September 2023, the works were described by Vasile Bănescu,128 the spokesperson of the Romanian Orthodox Church, in terms such as “obscenity”, “mockery”, “blasphemy”, “sacrilege”. Austria was the birthplace of the famous European Court of Human Rights test case E.S. V. Austria (2018) on blasphemy, which narrowly upheld Austria’s blasphemy law by suggesting the state had a legitimate aim in maintaining it. Launching today, the Freedom of Thought Report 2024 by Humanists International, now in its 13th annual edition, examines each State’s record of upholding the rights of humanists, atheists and the non-religious around the world. It is not blasphemous to speak or publish opinions hostile to the Christian religion, or to deny the existence of God, if the publication is couched in decent and temperate language.
It used to cover all Christian denominations but in an 1838 case it was restricted to protect the “tenets and beliefs of the Church of England”5. This is because the Church of England became the established denomination of the English government, and they tolerated no other forms of Christianity and did not want to protect them. Social cohesion requires that we tolerate chicken road game the different religions practised in our midst; it doesn’t mean we have to respect their blasphemy codes’. One notable case involved Elżbieta Podleśna, an activist arrested in 2019 for distributing images of the Virgin Mary with a rainbow halo, symbolizing LGBTQ+ rights. While she was later acquitted, the case highlighted concerns about Poland’s use of blasphemy laws to suppress freedom of expression.
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Sharia, according to some interpretations, prescribes death as the proper punishment for blasphemy. Data collected by Humanists International shows that the fear of being labeled as a ‘blasphemer’ — and the corresponding risk of violence and ostracism that such labels carry — is one of the primary drivers of non-religious people choosing to hide their beliefs. But this avoidance is at the expense of their health and wellbeing as well as their freedom.
In May last year, the Christian governor of the Indonesian state of Jakarta was sentenced to two years in prison after allegedly insulting Islam during a campaign speech. V. Lemon it was also shown that the defendant’s intent didn’t matter to the conviction7. In other words, if someone accidentally published something blasphemous, they could have still be tried.
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The bill was accepted 11 June 2013.130 According to Article 148 of Russian Criminal Code it is declared a crime to conduct “public actions expressing explicit disrespect for society and committed for the purpose of offending the religious feelings of believers”. Part 2 of the same article establishes stricter punishments for the aforementioned actions when coupled with desecration of holy symbols and (or) religious texts. In New Zealand, Section 123105 of the Crimes Act 1961 allowed for imprisonment of up to one year for anyone who published any “blasphemous libel”. Cases were only prosecuted at the discretion of the New Zealand Attorney-General, who usually cited overriding free speech objections so as not to pursue such a case. The only prosecution for blasphemous libel in New Zealand was the case of John Glover, publisher of the newspaper The Maoriland Worker, in 1922.
Blasphemy laws remain a controversial issue in the modern world, as they sit at the crossroads of religious protection and freedom of speech. While proponents argue that such laws are necessary to maintain religious harmony and prevent hate speech, critics view them as tools for censorship, persecution, and oppression. The existence and enforcement of blasphemy laws vary significantly across regions, with some countries imposing severe penalties, including death sentences. This article provides a global survey of blasphemy laws, examining their historical roots, contemporary enforcement, key case studies, and their impact on freedom of expression. In its General Comment No. 34 dealing with freedom of expression, the United Nations Human Rights Committee (UNHRC) rejected the idea that a blasphemy law could ever be human-rights compliant, unless its function was to prevent incitement to religious or racial hatred. This is a widely shared view that is consistently endorsed when any international blasphemy controversy (such as that involving the Danish Cartoons in 2005) arises.
Badawi’s poor health has delayed any further beatings, but he still faces more sessions of public flogging and remains in jail. Irish voters head to the polls on Friday to decide whether or not to remove the offence of blasphemy from their constitution. In the Catholic Church, there are specific prayers and devotions as Acts of Reparation for blasphemy.34 For instance, The Golden Arrow Holy Face Devotion (Prayer) first introduced by Sister Marie of St Peter in 1844 is recited “in a spirit of reparation for blasphemy”. Profane swearing consists in any use of the name of God, or Jesus Christ, or the Holy Ghost, either in imprecating divine vengeance upon the utterer, or any other person, or in light, trifling or irreverent speech. Cursing and swearing—Any person who has arrived at the age of discretion, who shall profanely curse or damn or swear by the name of God, Jesus Christ or the Holy Ghost, shall be guilty of a misdemeanor. No such prosecution shall be sustained unless it shall be commenced within 5 days after the commission of such offense.