Warning of blasphemy law's 'chilling effect' on free speech

[EireWarrior]

Link to Article

Warning of blasphemy law's 'chilling effect' on free speech
MARY FITZGERALD and ELAINE EDWARDS

THE ORGANISATION for Security and Co-operation in Europe (OSCE) has warned the Government that its plan to introduce a new blasphemy law risks flouting international standards on freedom of speech.

Miklos Haraszti, media freedom representative for the 56-nation OSCE, the world's largest regional security organisation, said new court cases that might emerge as a result of criminalising blasphemy would have a "chilling effect" on freedom of expression.

Last month Minister for Justice Dermot Ahern announced that he would propose a new crime of blasphemous libel in an amendment to the Defamation Bill.

The new section of the Bill will state: "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."

Mr Haraszti welcomed the Government's plan to decriminalise defamation, but said the proposed new offence risked "jeopardising OSCE media freedom commitments".

By passing such a provision, Ireland would "defy the international trend that has led to the abolition of that crime in a number of countries", he said. "It also could hamper progress towards greater freedom of speech in other OSCE participating states."

In a statement posted on the Vienna-based OSCE's website, Mr Haraszti described Ireland as being "in the vanguard of 21st-century media freedoms as it prepares to officially make defamation a mere civil offence". It would therefore, he continued, be "unfortunate" to introduce at the same time a new crime of blasphemous libel.

Mr Haraszti has written to Mr Ahern and to the Oireachtas committee debating the Bill, calling for it to be passed without the blasphemy provision.

"I am aware that the new article is meant to bring the law into line with a constitutional provision dating from 1937," said Mr Haraszti.

"Nonetheless, it violates OSCE media freedom commitments and other international standards upholding the right to freely discuss issues of religion."

He added: "It is clear that the Government's gesture of passing a new version of the 'blasphemy article', even if milder than the dormant old version, might incite new court cases and thereby exercise a chilling effect on freedom of expression."

Mr Ahern insists he is obliged to take account of the offence of blasphemy, which is provided for in the Constitution.

Article 40.6.1 of the Constitution states that the "publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law".

A spokesman for the Minister said he had two options, either to amend the Constitution, or amend the law.

The spokesman said Mr Ahern was "bemused" by criticism of his proposed amendment.

"He has to do it because he is the Minister for Justice and he cannot wilfully ignore the Constitution. Unlike the commentariat, the Minister does not have the option of wilfully ignoring the Constitution," the spokesman said.

"He is the Minister for Justice and he is advised by the Attorney General that he has to have regard to the offence of blasphemy."

Mr Ahern, he added, felt that in "the current economic environment" it was not appropriate to go to the people seeking to amend an article of the Constitution.

The debate on the Defamation Bill 2006 continues at Committee stage today when the Oireachtas Committee on Justice will discuss the proposed amendments.

[sullivan]

THE ORGANISATION for Security and Co-operation in Europe (OSCE) has warned the Government that its plan to introduce a new blasphemy law risks flouting international standards on freedom of speech.

I don't see them jumping up and down about the criminalisation of free speech in Germany, Austria and France, amongst others.

Last month Minister for Justice Dermot Ahern announced that he would propose a new crime of blasphemous libel in an amendment to the Defamation Bill.

I must check out what the rest of this defamation bill contains, given that blasphemy bullshit may just be a distraction. Fianna Fail are descending ever deeper into gobshitery every day.

"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."

They don't go that heavy on drug pushers, for crying out loud.

Mr Ahern insists he is obliged to take account of the offence of blasphemy, which is provided for in the Constitution.

And we all know that is not true.

The spokesman said Mr Ahern was "bemused" by criticism of his proposed amendment.

Really? That shows you how totally out of touch he is.

"He has to do it because he is the Minister for Justice and he cannot wilfully ignore the Constitution.

The Constitution won't matter a damn if the Lisbon Treaty is passed. Was Mr Ahern as dedicated to ensuring that didn't happen? Answer... no.

 

Unlike the commentariat, the Minister does not have the option of wilfully ignoring the Constitution," the spokesman said.

I'd say it is quite the contrary. This government has been wilfully ignoring the constitution for quite some time. Their willingness to ignore the will of the Irish people as expressed through a referendum is testimony to that fact.

"He is the Minister for Justice and he is advised by the Attorney General that he has to have regard to the offence of blasphemy."

The offence of blasphemy is an imagined one. If a religious belief system can't take the slings and arrows, it has no business existing.

Mr Ahern, he added, felt that in "the current economic environment" it was not appropriate to go to the people seeking to amend an article of the Constitution.

I guess that's the Lisbon Treaty off the table then. No? Thought not.

[EireWarrior]

Fuck'em , sure ole Bertie Ahern is now trying to run for Mayor!!   :lol:  

You should check out this site, filled with info on the treaty - There a Vote NO site Link to Site
There's alot of other info on the EU & more up there too.