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Category: Blasphemy

Blasphemy is in the news again; it should be removed from the Constitution, as the Constitutional Convention recommended

7 May, 201711 May, 2017
| 2 Comments
| Blasphemy

Stephen Fry (via Flickr)The Irish Independent reports that the Gardaí (the Irish police) have launched a blasphemy probe into comments made by Stephen Fry (pictured left) on the television show The Meaning of Life:

Gardaí have launched an investigation after a TV viewer claimed comments made by Stephen Fry on an RTE show were blasphemous. Independent.ie can reveal that a member of the public reported the allegation to Ennis garda Station following a broadcast of ‘The Meaning of Life’, hosted by Gay Byrne, in February 2015.

The story has been picked up by the media, in Ireland and abroad – including the BBC, CBS, the [UK] Independent, the Irish Times, RTE, the Mail online, The Journal.ie the Sunday Times (sub req’d), the Observer, the Sunday Telegraph, and the Sydney Morning Herald.

The crime of blasphemy is provided for in section 36 of the Defamation Act, 2009 (also here). Subsection (1) provides that a “person who publishes or utters blasphemous matter” shall be guilty of an offence; anyone guilty of the offence is liable to a fine not exceeding €25,000.

Subsection (2) provides a threefold definition of when a person publishes or utters blasphemous matter.…

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The Department of Justice is conducting a review of the Defamation Act 2009

1 November, 20168 November, 2016
| 7 Comments
| 2016-17 Reform, Blasphemy, Defamation

DoJEDublin (element of Wikipedia photo)The Tánaiste and Minister for Justice and Equality has announced a review of the operation of the Defamation Act 2009 (also here), and is now inviting contributions and submissions by 31 December 2016. This is excellent news.

According to the announcement on the Department’s website, the aim of the review is:

– to promote an exchange of views and experiences regarding the operation in practice of the changes made by the 2009 Act,

– to review recent reforms of defamation law in other relevant jurisdictions,

– to examine whether Irish defamation law, and in particular the Defamation Act 2009, remains appropriate and effective for securing its objectives: including in the light of any relevant developments since 2009,

– to explore and weigh the arguments (and evidence) for and against any proposed changes in Irish defamation law intended to better respond to its objectives, and

– to publish the outcomes of the review, with recommendations on appropriate follow-up measures.

Interestingly, the review excludes the blasphemy provisions of the Act (sections 36 and 37), because the issue will be the subject of a constitutional referendum, as provided in the Programme for a Partnership Government. Moreover, the review will take into account any relevant recommendations of the recent Report of the Law Reform Commission on Harmful Communications and Digital Safety.…

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Some forthcoming legislation on the administration of justice, cybercrime, education, intellectual property, and privacy

28 September, 201629 September, 2016
| 4 Comments
| Blasphemy, Copyright, Cyberlaw, Digital Rights, ECJ, Intellectual property, Judicial Appointments, Legal Education, Privacy, Universities

Government Chief Whip Regina Doherty has announced the Government’s Legislation Programme for the Autumn Session 2016 (pdf). It is a considerable update of the programme published last June (pdf) when the government came into office.

The June programme had the feel of a holding document, published to get a new government to the Summer Recess. This programme has a far more substantial feel about, published to demonstrate the government’s confidence in its capacity to promote and enact legislation.

After the publication of the June programme, I examined proposed legislation from the Department of Education and Skills (here; and see also here), the Department of Jobs, Enterprise and Innovation (here; and see also here and here), and the Department of Justice and Equality (here and here). Under those headings, very little has changed. But there are some notable additions, not least of which is the Interception of Postal Packets and Telecommunications Messages (Regulation) (Amendment) Bill. All we are told is that work is underway on a Bill to “amend various pieces of legislation in respect of electronic communications”. There is no further explanation. This is probably the Bill to provide for further covert surveillance of electronic communications promised by the Minister earlier this Summer.…

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The university should be a safe space for the life of the mind – says Salman Rushdie

14 November, 201518 November, 2015
| 1 Comment
| Blasphemy, Censorship, Freedom of Expression, Universities

Salman Rushdie, via Surian Soosay on FlickrWhile accepting a Chicago Tribune 2015 Literary Award last week, Salman Rushdie robustly rejected the wave of “safe space” censorship that is currently breaking upon college campuses:

The university is the place where young people should be challenged every day, where everything they know should be put into question, so that they can think and learn and grow up. And the idea that they should be protected from ideas that they might not like is the opposite of what a university should be. It’s ideas that should be protected, the discussion of ideas that should be given a safe place. The university should be a safe space for the life of the mind. That’s what it’s for.

…

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Why will there be no referendum to remove the offence of blasphemy from the Irish Constitution?

20 January, 201511 March, 2015
| 2 Comments
| Blasphemy

CharlieHebdoCoverOn Sunday 10 January 2015, the Taoiseach (Irish Prime Minister) joined an array of world leaders and an estimated two million people at a rally in Paris against terrorism in the aftermath of the murderous attack on Charlie Hebdo. In Ireland, unfounded claims that the publication of Charlie Hebdo cartoons of the Prophet Mohammed would amount to blasphemy at Irish law have led to several calls to repeal the blasphemy provisions in Article 40.6.1(i) of the Irish Constitution and section 36 of the Defamation Act, 2009.

However, despite his attendance at the Paris rally on Sunday 10 January 2015, not two days later on Tuesday 12 January 2015, the Taoiseach was insistent that a referendum on removing the offence of blasphemy from the Constitution will not be held during the lifetime of this Government. …

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Any Attempt to Prosecute Irish Publication of Charlie Hebdo Mohammed Cartoons is Doomed to Fail

9 January, 201511 March, 2015
| 4 Comments
| Blasphemy

I wrote the following as an OpEd for the University Times:

Charia Hedbo via Charlie HebdoThe attack on Charlie Hebdo, and the murders of ten journalists and two policemen, are not only a tragedy for the victims, their families, and their colleagues, but also an assault upon freedom of expression and the fabric of western democracy. The only appropriate response is to refuse to give in to such an outrage, and instead to support and exercise the fundamental freedoms for which the victims gave their lives.

It is therefore troubling that Dr Ali Selim – admittedly in response to a line of leading questions from a radio journalist – should threaten legal action against any Irish media outlet which chooses to publish cartoons depicting the Prophet Mohammed which had been published by Charlie Hebdo. I assume that he has in mind the offence of blasphemy contained in section 36 of the Defamation Act, 2009. It was included in that Act to give effect to the constitutional requirement that the publication of “blasphemous … matter” should be a criminal offence. However, section 36 is very narrowly drawn, and its terms would not be satisfied by the publication of a Charlie Hebdo cartoon to illustrate a story on the attack on the magazine.…

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International Blasphemy Day

1 October, 20131 October, 2013
| No Comments
| Blasphemy

International Blasphemy Day twitter avatarYesterday was International Blasphemy Day (Facebook | twitter). According to a post I came across late yesterday evening on Media Law Prof Blog, the day

… was instituted after the Danish newspaper, Jyllands-Posten, came under fire in 2005 for publishing twelve cartoons that mocked the Prophet Mohammed. More here from the Campaign for Free Expression, here from the Telegraph, here from the Huffington Post.

In honour of the day (with apologies that it’s a day late), here’s an extract from a post on the Irish Philosophy blog about Ireland’s first recorded blasphemy trial:

Thomas Emlyn spent fourteen of his seventy-eight years in Dublin (1691-1705), but they were easily the most eventful of his life. He wrote his An Humble Inquiry into the Scripture Account of Jesus Christ as a result of events there. The result was his appearance as the … [defendant] in what “appears to have been the first reported blasphemy prosecution in Irish law” (UK Select Committee on Religious Offences in England and Wales First Report). …

blasphemy … was defined in the statute as … “a scornful and spiteful reproach uttered in designed contempt of God;” … The jury was pressured and despite his book not reaching the standard for blasphemy, and his authorship remaining unproven (the printer swore that he didn’t know the writing), Emlyn was found guilty.

…

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The Chief Justice, the Council of State, and Article 26 References to the Supreme Court

29 July, 201318 May, 2016
| 1 Comment
| Blasphemy, Irish Supreme Court, Politics

Council of State room, Aras an UachtrainArticle 31.1 of the Constitution provides that there “shall be a Council of State to aid and counsel the President on all matters on which the President may consult the said Council …”. The image, left, is a painting of the Council of State hanging in the Council of State Room in Áras an Uachtaráin, the President’s official residence. One matter on which the President must consult the Council of State is provided by Article 26.1.1:

The President may, after consultation with the Council of State, refer any Bill to which this Article applies to the Supreme Court for a decision on the question as to whether such Bill or any specified provision or provisions of such Bill is or are repugnant to this Constitution or to any provision thereof.

On foot of this power, President Higgins convened a meeting of the Council of State to consider whether to refer the Protection of Life During Pregnancy Bill 2013 to the Supreme Court under Article 26; and that meeting is due to begin right about now (see: Irish Examiner here, here, and here | Irish Independent here and here | Irish Times here, here, and here | RTÉ | TheJournal.ie…

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Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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