Legal Research

Irish Minister to Introduce Blasphemous Libel Law

By Simon Fodden

The Irish Times is reporting that the Minister for Justice proposes to introduce a provision into the defamation bill under discussion by committee that will prohibit blasphemous libel. The provision would read in part:

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.

According to the news report:

?Blasphemous matter? is defined as 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 he or she intends, by the publication of the matter concerned, to cause such outrage.?

The Irish constitution (Article 40 para. 6 i) currently prohibits blasphemy, and is an explicit qualification of the guaranteed freedom of speech.

I suppose the notion is that of preserving public order, one of the key elements in the constitutional exception, with the dubious protection of an intent requirement in the proposed law.

Full post as published by Slaw.ca on April 29, 2009 (boomark / email).