11 July 2009

Blasphemy! Blasphemy!

It’s got to the stage where I’ve become overwhelmed by the staggeringly bewilderingly ridiculous decisions being made by the Irish Government almost on a daily basis. The latest in a barrage of draconian laws is the rather infamous ‘blasphemy’ clause addition to the Defamation Bill 2006.

Basically, this addition officially criminalises the act of blasphemy (‘a person who publishes or utters blasphemous matter shall be guilty of an offence), which is defined in Subsection 2 of the new clause:
(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.
This is a supposed resolution of a section to be found in the Irish Constitution, stating that the publication of blasphemous matter ‘is an offence which should be punishable in accordance with law’.

This has provoked almost unparalleled controversy in almost every vessel of public opinion in existence – newspapers, magazines, television, radio, online forums, blogs, &c – though these protests seem to have fallen on deaf ears. Despite the fact that the majority of the Irish public is seemingly virtually unanimously opposed to this measure, it was passed nevertheless, and is now part of Irish statute. In other words, blasphemy is now a punishable offence.

This bill is by no means prescriptive, and seems to me to be rather vague – in fact, it explains very little at all, and has left the majority of Irish people rather confused indeed. The first major concern of mine is this: what exactly constitutes a blasphemous statement? Yes, it is defined as being something which is insulting to any official religious doctrine – but no further definition is offered.

What, therefore, constitutes blasphemy? Is it restricted only to malicious statements or other attempts at ridicule, or does it adopt a broader definition? Therefore, if one religion openly opposes a stance or dogma of another, does that constitute blasphemy?

If that is true, then a number of religions are currently guilty of blasphemy. The Roman Catholic Church (which is, in reality, still unofficially protected by the State) is guilty of blasphemy by declaring Anglican orders to be ‘null and void’. The Clergy is central to the Church of Ireland, and I, as a member of that church, feel insulted by that statement. Is the RC Church, therefore, liable to be prosecuted under the new Blasphemy clause?

The Church of Ireland has a similar set of slights in its official documents. The Thirty-Nine Articles, found at the back of the Book of Common Prayer, makes a number of refutations of Roman Catholic doctrines, such as Purgatory, which is declared to be ‘a fond thing vainly invented, and grounded upon no warranty of Scripture; but rather repugnant to the word of God’. I, personally, as an Anglican, don’t believe in Purgatory – however, it is central to Roman Catholic theology. Therefore, is the Church of Ireland guilty of blasphemous libel, and is the Primate (The Most Rev’d Alan Harper) liable to be fined €25,000? Similarly, the doctrine of Purgatory itself is a contradiction of that which is held sacred by almost every Reformed denomination. Will the RC Church, therefore, be fined for this contradiction?

Perhaps I took the previous example a little too far. I cannot imagine the State fining a Church for blasphemy – but it is not expressly ruled out by the amendment. True, blasphemy only applies if the statement was intended to cause outrage – but in most of these cases, the original authors (who are now long-dead) definitely intended to do just that.

Does religious debate come under the definition of blasphemy? For example, if I were to issue a statement in a public forum which attempts to denounce the RC practice of prayer to saints (to take an example), would I be liable for a fine under the Blasphemy clause? Such a statement would probably cause offence to Roman Catholics – therefore, causing outrage among a substantial number of that religion’s adherents – and is therefore blasphemy. Does that mean, therefore, that we are no longer legally permitted to engage in religious debate? Is preaching therefore outlawed? Is it, therefore, illegal to say anything beyond ‘I disagree with this statement\doctrine\practice – however, I am not permitted to state my reasons due to legal constraints’?!

If so, this is a major blow to our right to freedom of speech. Previously, we have been free to discuss religious matters – privately and publicly. Now, however, that right is in danger. Presumably, this bill was intended to soothe the palpitating hearts of religious believers all over Ireland. I, however, as a Christian, am deeply disturbed by it.

I respect people’s right to possess their own beliefs, and I think it is healthy for people to engage in discussion of their respective faiths. This promotes growth not only in society, but within ourselves – discussing one’s faith helps to develop one’s beliefs, and strengthens that same faith, be that Christianity (in its multiplicity of denominations), Judaism, Agnosticism, Atheism, &c. If nobody is permitted to publicly contradict anything held sacred by any religion whatsoever, then the liveliness of religious discourse is lost to us, and we are deprived of a fundamental right – that to Free Speech.

Minister Ahern had the opportunity to remove the originating clause in the Constitution by means of referendum (which would undoubtedly have been passed) - however, he instead embarked on a pseudo-moralistic crusade which has, effectively, launched a process of plunging Ireland back into the woefully dark times of the mid-twentieth century, when Church and State were still fundamentally intertwined. No Christian I know wants that state of affairs to return – let us keep campaigning to the Minister, even if he fails to listen, so that we may prevent that reality. Let us fight for our right to Free Speech!

2 comments:

  1. You (and most of the anti-blasphemy lobby) have unfortunately missed the important half of that definition. You need to *aim* to insult someone's beliefs for it to be blasphemous. If your intent is purely to convert the unbelievers, then you're almost certainly not aiming to insult Roman Catholics. To quote someone far cleverer than I, the way to breach this would be to publish a picture of Jesus, Mohammed, and Vishnu having a threesome.

    As much as I dislike this law, the attempt at an opposition by Atheist Ireland has been a poorly run joke. This post is really not an awful lot better, unfortunately.

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  2. Cian - So sorry to have only noticed your commment now, I don't check this blog very often.

    The point you seem to be missing, is that quite a lot of material published under the arm of religion *does* aim to foul-mouth other religions. Quite a lot of time has been spent in centuries and times past by certain people haranguing about their 'rival' denominations or faiths. There is a not insubstantial amount of material, for instance, in official Roman Catholic doctrine which deliberately and unequivocally lampoons not only other Christian denominations, but a whole host of groups (gay people being a notable recent example).

    How the law will *probably* by implemented does not change the fact that the law itself is unspeakably vague - and legal vagueness is horrifically dangerous. There is the potential, should politics in this country go a certain way in future years, for some quite nasty scenarios to arise out of it.

    The opposition to this law, by the way, is not limited to Atheists. I, for one, am a Christian, and am committedly oposed to the Defamation Law. Blasphemy laws are not condoned by most of the major Christian Churches in Ireland, and the concept is one that is denounced by significant number of Christians in Ireland too.

    If there is to be any respect in modern society for religion, and for faith, there needs to be a message shown to the general population that faiths (and peopole of faith) in this country are not only open to dialogue, but are tolerant, and sufficiently content in their own beliefs that a silly prank or a seditious remark from a politician or some other public figure is not enough to entice them to lose their cool.

    If my views are derisible to you then, sadly, that's very little of my concern. I truly believe that this Blasphemy Law is a threat not only to people's freedom of speech, but to faiths and denominations in this country too.

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