News2 mins ago
E C H R Rules Insulting Religion Is A Criminal Offence ….
….after a woman who called the Prophet Mohammed a paedophile had her conviction upheld.
https:/ /www.ex press.c o.uk/ne ws/worl d/10366 85/euro pean-co urt-hum an-righ ts-reli gion-in sult-cr ime-isl am
I’ve had a quick look and it appears that laws relating to blasphemy – albeit rather vaguely in some instances – are still in existence in some European countries.
One would have hoped that the ECHR – reputedly the doyen of fairness and good judgement - would be in full support of freedom of speech and expression for all, but clearly not. Worrying? I think so.
https:/
I’ve had a quick look and it appears that laws relating to blasphemy – albeit rather vaguely in some instances – are still in existence in some European countries.
One would have hoped that the ECHR – reputedly the doyen of fairness and good judgement - would be in full support of freedom of speech and expression for all, but clearly not. Worrying? I think so.
Answers
'The first problem of the European Court of Human Rights decision against Elisabeth Sabaditsch- Wolff is that it means that, at least in cases of blasphemy, truth is not a defence. Such a judgement hands over the decision on what is or is not allowed to be said not to a European or national court, but to whoever can claim, plausibly or otherwise, that another...
11:36 Tue 20th Nov 2018
so would I
as a standard bleeding heart liberal - there is another thread about this. The case takes some finding on the ECHR site
The english comment in unclear - the Guardian ( Nigh will say Ha! oh that - then it doesnt exist! ) says defaming Mohd ( pbuh) is different to criticising the religion
and the case is here
https:/ /hudoc. echr.co e.int/e ng#{%22 itemid% 22:[%22 001-187 188%22] }
(and if anyone is unclear about what this post says - it is
if you put your cursor thing on the coloured writing and click then the case report will magically appear in another window on your computer)
as a standard bleeding heart liberal - there is another thread about this. The case takes some finding on the ECHR site
The english comment in unclear - the Guardian ( Nigh will say Ha! oh that - then it doesnt exist! ) says defaming Mohd ( pbuh) is different to criticising the religion
and the case is here
https:/
(and if anyone is unclear about what this post says - it is
if you put your cursor thing on the coloured writing and click then the case report will magically appear in another window on your computer)
In the UK the Blasphemy Laws were abolished in 2008’ replaces by the Racial and Religious Hatred Act.
In Austria, where this far right activist was prosecuted, they have their own laws which she fell foul of.
An Austrian court convicted her of disparaging religious doctrines in 2011 and fined her 480 euros (548 dollars), a judgment that was upheld on two appeals. And now the ECHR have also upheald it.
In short, she broke the law in her country, so the fine must be paid. The ECHR have effectly said that local laws such as the UKs Racial and Religious Hatred Act take precedent.
The UK does not have a law on Freedom of Speech, we did however sign up to a European Convention which has a broad sweep of exceptions including threatening, abusive or insulting words or behavior intending or likely to cause harassment, alarm or distress or cause a breach of the peace (which has been used to prohibit racist speech targeted at individuals), sending any article which is indecent or grossly offensive with an intent to cause distress or anxiety (which has been used to prohibit speech of a racist or anti-religious nature).
All sounds pretty sensible to me. Calling Islam as a paedaphile cult is not ment to enhance a great debate, it is meant as a hateful and inciting insult, which is now unlawful.
ECHR supporting Austrian or UK law should be supported, not criticised.
If far right parties want to abolish laws on inciting Religious Hatred, they need to get an elected majority first. Until then, they must obey the law, or face the consequences.
In Austria, where this far right activist was prosecuted, they have their own laws which she fell foul of.
An Austrian court convicted her of disparaging religious doctrines in 2011 and fined her 480 euros (548 dollars), a judgment that was upheld on two appeals. And now the ECHR have also upheald it.
In short, she broke the law in her country, so the fine must be paid. The ECHR have effectly said that local laws such as the UKs Racial and Religious Hatred Act take precedent.
The UK does not have a law on Freedom of Speech, we did however sign up to a European Convention which has a broad sweep of exceptions including threatening, abusive or insulting words or behavior intending or likely to cause harassment, alarm or distress or cause a breach of the peace (which has been used to prohibit racist speech targeted at individuals), sending any article which is indecent or grossly offensive with an intent to cause distress or anxiety (which has been used to prohibit speech of a racist or anti-religious nature).
All sounds pretty sensible to me. Calling Islam as a paedaphile cult is not ment to enhance a great debate, it is meant as a hateful and inciting insult, which is now unlawful.
ECHR supporting Austrian or UK law should be supported, not criticised.
If far right parties want to abolish laws on inciting Religious Hatred, they need to get an elected majority first. Until then, they must obey the law, or face the consequences.
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