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Dutch Will Not Prosecute Wilders For Anti-Muslim Film and Statements

By Howard M. Friedman

The Dutch Public Prosecution Service issued a statement yesterday (full text) saying that right-wing politician Geert Wilders will not be prosecuted for a letter he wrote to a national newspaper urging that the Quran be banned in the Netherlands (see prior posting), nor will he be charged in connection with his anti-Muslim film, Fitna (see prior posting). The Prosecution Service's statement said in part:

The fact that statements are hurtful and offensive to a large number of Muslims does not necessarily mean that such statements are punishable. It is true that some statements insult Muslims, but these were made in the context of public debate, which means that the statements are no longer of a punishable nature....

Criticism of religion is not covered by the prohibition of discrimination, unless this criticism includes insulting conclusions about the adherents of the religion concerned.... [T]he Public Prosecution Service arrives at the opinion that neither the film Fitna nor Mr Wilders?s statements incite hatred against Muslims.

CBC News reports on the Prosecution Service's statement.

Full post as published by Religion Clause on July 01, 2008 (boomark / email).