Article 137c
1. Any person who verbally or by means of written or pictorial material gives
intentional public expression to views insulting to a group of persons on account
of their race, religion or convictions, their heterosexual or homosexual prefer-
ences or physical, mental or intellectual disability, shall be liable to a term of
imprisonment not exceeding one year or to a fine of the third category.
2. If the offence is committed by a person who acts in a professional or habitual
manner or by two or more persons who act in unison, a term of imprisonment of
not more than two years will be imposed or a fine of the fourth category.
This provision entered into force on 16 July 1934. It has not been changed
since November 2003. The renewed provision entered into force on 1 Febru-
ary 2004.
Article 137d
1. Any person who verbally or by means of written or pictorial material publicly
incites hatred against or discriminating of other persons or violence against the
person or the property of others on account of their race, religion, convictions,
sex, heterosexual or homosexual preference or physical, mental or intellectual
disability, shall be liable to a term of imprisonment not exceeding one year or to
a fine of the third category.
2. If the offence is committed by a person who acts in a professional or habitual
manner or by two or more persons who act in unison, a term of imprisonment of
not more than two years will be imposed or a fine of the fourth category.
Appendices
199
3. This provision entered into force on 16 July 1934. It has not been changed
since November 2003. The renewed provision entered into force on 1 Febru-
ary 2004.
Article 137e
1. Any person who for reasons other than the provision of factual information:
a. makes public an utterance which he knows or can reasonably be
expected to know is insulting to a group of persons on account of their
race, religion or convictions, heterosexual or homosexual preference, or
physical, mental or intellectual disability, or which incites hatred against or
discrimination of other persons or violence against the person or property
of others on account of their race, religion or convictions, heterosexual or
homosexual preference or physical, mental or intellectual disability;
b. distributes any object which he knows or can reasonably be expected
to know contains an utterance, or has in his possession any such object
with the intention of distributing it or making the said utterance public; shall
be liable to a term of imprisonment not exceeding six months or to a third-
category fine.
2. If the offence is committed by a person who acts in a professional or habitual
manner or by two or more persons who act in unison, a term of imprisonment of
not more than one year will be imposed or a fine of the fourth category.
3. If the offender commits any of the offences defined in this article in the course
of his profession within five years of a previous conviction for such an offence
having become final, he may be disqualified from pursuing that profession.
This provision entered into force on 16 July 1934. It has not been changed
since November 2003. The renewed provision entered into force on 1 Febru-
ary 2004.
Article 146
A person by whom, by creating disorder or by making noise, either a lawful
public gathering intended to profess a religion or a belief, or a lawful ceremony
for the professing of a religion or a belief, or a lawful funeral service is intention-
ally disturbed, is liable to a term of imprisonment of not more than two months
or a fine of the second category.
This provision entered into force on 1 September 1886. It has not been changed
since 1984.
Blasphemy, insult and hatred
200
Article 147
A term of imprisonment of not more than three months or a fine of the second
category shall be imposed upon:
1. a person who publicly, either orally or in writing or by image, offends reli-
gious sensibilities by malign blasphemies;
2. a person who ridicules a minister of religion in the lawful execution of his
duties;
3. a person who makes derogatory statements about objects used for religious
celebration at a time and place at which such celebration is lawful.
Article 147a
1. A person who disseminates, publicly displays or posts written matter or an
image containing statements that offend religious sensibilities by reason of their
malign and blasphemous nature, or who has such in stock to be disseminated,
publicly displayed or posted, is liable to a term of imprisonment of not more than
two months or a fine of the second category, where he knows or has serious
reason to suspect that the written matter or the image contains such statements.
2. The punishment in section 1 is also applicable to a person who, with like
knowledge or like reason to suspect, publicly utters the contents of such written
matter.
This provision entered into force on 16 July 1934. It has not been changed since
1984.
Article 429bis
A person who, in a place visible from a public road, places or fails to remove
words or images that offend religious sensibilities by reason of their malign and
blasphemous nature is liable to a term of detention of not more than one month
or a fine of the second category.
This provision entered into force on 1 December 1932. It has not been changed
since 1984.
Additional information
Fine of the 1st category
€335
Fine of the 2nd category
€3 350
Fine of the 3rd category
€6 700
Fine of the 4th category
€6 750
Fine of the 5th category
€67 000
Fine of the 6th category
€670 000
Source: Article 23, 4th paragraph, Penal Code
Appendices
201
Norway
Criminal Code
Paragraph 135a
Any person who wilfully or through gross negligence publicly utters a discrimi-
natory or hateful expression shall be liable to fines or imprisonment for a term
not exceeding three years. An expression that is uttered in such a way that it is
likely to reach a large number of persons shall be deemed equivalent to a pub-
licly uttered expression, cf. Section 7, No. 2. The use of symbols shall also be
deemed to be an expression. Any person who aids and abets such an offence
shall be liable to the same penalty.
A discriminatory or hateful expression here means threatening or insulting any-
one, or inciting hatred or persecution of or contempt for anyone because of his
or her
a. skin colour or national or ethnic origin,
b. religion or life stance, or
c. homosexuality, lifestyle or orientation.
Paragraph 138
Any person who causes or is accessory to causing the unlawful prevention or
interruption of a public function, public religious meeting, ecclesiastical act,
public instruction or teaching in schools, an auction or a public meeting called
for a common purpose, shall be liable to fines or imprisonment for a term not
exceeding six months.
Paragraph 142
160
Any person who by word or deed publicly insults or in an offensive or injurious
manner shows contempt for any creed whose practice is permitted in the realm
or for the doctrines or worship of any religious community lawfully existing here,
or who is accessory thereto, shall be liable to fines or to detention or imprison-
ment for a term not exceeding six months.
A prosecution will only be instituted when the public interest so requires.
160
.
Interrights Bulletin 19 noted: “However, this provision has not been applied by the courts since
1936, when an author, Arnulf Øverland, was acquitted under this provision. More recently, several
Muslim leaders brought a lawsuit against the Norwegian publisher of Satanic Verses, but withdrew it,
apparently in recognition of the fact that they had virtually no chance of success. Indeed, in Norway,
the abolition of Section 142 is being debated. The removal of that section from the criminal code is
suggested in a report commissioned by the Norwegian Department of Culture in 1993 entitled ‘New
Threats against Freedom of Information in the Nordic Countries – Diagnosis and Suggestions’. The
Report suggests that ‘this law implies an unacceptable encroachment on freedom of expression’.”
Blasphemy, insult and hatred
202
Poland
Constitution
Article 13 – Political pluralism
Political parties and other organisations whose programmes are based upon
totalitarian methods and the modes of activity of Nazism, fascism and com-
munism, as well as those whose programmes or activities sanction racial or
national hatred, … shall be forbidden.
Article 35 – Identity of national and ethnic minorities
The Republic of Poland shall secure to Polish citizens belonging to national or
ethnic minorities the freedom to maintain and develop their own language, to
maintain customs and traditions and to develop their own culture. National and
ethnic minorities shall have the right to establish educational and cultural institu-
tions, and institutions designed to protect religious identity, and to participate in
the resolution of matters connected with their cultural identity.
Criminal Code (1997)
Article 194 – Offences against freedom of conscience and religion
Whoever restricts another person from exercising the rights vested in the latter,
for the reason of this person’s affiliation to a certain faith or their religious indif-
ference shall be subject to a fine, or a sentence of restriction of liberty or depri-
vation of liberty for up to two years.
Article 195
1. Whoever maliciously interferes with a the public performance of a religious
ceremony of a church or another religious association with regulated legal status
shall be subject to a fine, or a sentence of restriction of liberty or deprivation of
liberty for up to two years.
2. The same punishment shall be imposed on anyone who maliciously interferes
with a funeral, mourning ceremonies or rites.
Article 196
Anyone found guilty of offending religious feelings through public calumny of an
object or place of worship is liable to a fine, restriction of liberty or a maximum
two-year prison sentence.
Article 256 – Promotion of fascism or other totalitarian system
An offence is committed by anyone who promotes a fascist or other totalitarian
system of state or who incites hatred based on national, ethnic, race or religious
differences or for reason of lack of any religious denomination.
Appendices
203
Subject to a fine, or the penalty of deprivation of liberty for up to two years.
Article 257 – Publicly insulting group of people or an individual person by
reason of their national, ethnic or racial affiliation
An offence is committed by anyone who publicly insults a group within the popu-
lation or a particular person because of his national, ethnic, race or religious
affiliation or because of his lack of any religious denomination or for these rea-
sons breaches the personal inviolability of another individual: punishable by
imprisonment for up to three years.
Broadcasting Act of 29 December 1992
Article 18, paragraph 2, states that programmes or other broadcasts shall
respect the religious beliefs of the public and especially the Christian system of
values.
Portugal
Criminal Code (Law No.°65/98 of 2 September 1998)
Article 240 – Racial or religious discrimination
2. Anyone who, in a public assembly, in a writing intended to be divulged or by
any means of mass communication:
a. provokes acts of violence against a person or a group of persons because of
his race, colour, ethnic or national origin or religion; or
b. defames or insults a person or group of persons because of his race or ethnic
or national origin or religion, especially through the negation of war crimes or of
crimes against peace and humanity, intending to incite to racial or religious dis-
crimination or to encourage it, is punishable with imprisonment from six months
to five years.
Article 251 – Slander because of religious belief
1. Anyone who publicly offends or derides a person because of his religious
belief or function, in a manner sufficient to breach the peace, is punishable with
imprisonment up to one year or a fine up to 120 days’ pay.
2. The same penalty applies to anyone who desecrates a place or object of cult
of religious veneration in a manner sufficient to breach the peace.
Article 252 – Impeachment, perturbation or slander of an act of a cult
Anyone who publicly vilifies or derides an act of a cult or religion is punishable
with imprisonment up to one year or with a fine up to 120 days’ pay.
Blasphemy, insult and hatred
204
Romania
Constitution
Article 30
1. Freedom of expression of thoughts, opinions or beliefs and freedom of any
creation by words, in writing, in pictures, by sounds or other means of commu-
nication in public are inviolable.
2. Any defamation of the country and the nation, any instigation to a war of
aggression, to national, racial, class or religious hatred, any incitement to dis-
crimination, territorial separatism or public violence, as well as any obscene
conduct contrary to morality shall be prohibited by law.
Criminal Code
Article 246
1. The hindrance or disruption of the freedom of exercising of any religion that is
organised and functions according to the law is punished with one to six months’
jail sentence or with a day-fine.
2. The same sentence is given for the deed of forcing a person by constraint to
participate in the religious service of any religion or to perform a religious act
connected with the exercise of a religion.
Article 247
The desecration by any means of a grave, a monument or a funerary urn of a
dead body is punished with strict jail sentence from one to five years or with
day-fines.
Law No. 489/2006 on religious freedom and the general regime
of religions in Romania
This law guarantees, in articles 1 and 2, freedom of thought, conscience and
This law guarantees, in articles 1 and 2, freedom of thought, conscience and
religion, according to the Constitution and the international treaties to which
religion, according to the Constitution and the international treaties to which
Romania is a party; it sets forth that no one can be prevented from gaining or
Romania is a party; it sets forth that no one can be prevented from gaining or
exercising rights recognised by the said law, nor can one be constrained, put
exercising rights recognised by the said law, nor can one be constrained, put
under surveillance or put into a state of inferiority due to one’s faith or affilia-
under surveillance or put into a state of inferiority due to one’s faith or affilia-
tion to a group, religious association or religion, for exercising religious free-
tion to a group, religious association or religion, for exercising religious free-
dom under the conditions provided by this law. It also provides that religious
dom under the conditions provided by this law. It also provides that religious
freedom includes the liberty of any person to manifest one’s faith individually or
freedom includes the liberty of any person to manifest one’s faith individually or
collectively, privately or in public, by religion, education, religious practices and
collectively, privately or in public, by religion, education, religious practices and
performance of rites, as well as the liberty of changing one’s faith, and that the
performance of rites, as well as the liberty of changing one’s faith, and that the
freedom of displaying one’s faith cannot be the object of any type of restraints
freedom of displaying one’s faith cannot be the object of any type of restraints
other than those provided by law which constitute necessary measures in a
other than those provided by law which constitute necessary measures in a
Appendices
205
democratic society for public security, order protection, health, public morality
democratic society for public security, order protection, health, public morality
or protection of the rights and fundamental liberties of the human being.
or protection of the rights and fundamental liberties of the human being.
Law No. 48 of 16 January 2002 for approval of Government Ordinance
No. 137/2000 regarding the prevention and punishment of every form
of discrimination
Article 19
According to this ordinance, it is a minor offence, unless the deed falls under
the sentence of the criminal law, for any conduct to be displayed in public
with a character of nationalist-chauvinist propaganda, of instigation to racial
or national hatred, or that type of behaviour with the purpose or aim of affect-
ing the dignity or creating an atmosphere that is intimidating, hostile, degrad-
ing, humiliating or outrageous, directed against a person, a group of people or
a community and connected with their affiliation to a certain race, nationality,
ethnic group, religion, social or non-favoured category or their beliefs, sex or
sexual orientation.
Emergency Ordinance No. 31 of 13 March 2002 on banning organisations
and symbols with fascist, racist or xenophobic character and banning
promotion of the religion of the people guilty of committing crimes
against peace and humanity
Article 1
For the prevention and control of incitement to national, racial or religious
hatred, discrimination and the perpetration of crimes against peace and human-
ity, the present ordinance regulates the banning of organisations and symbols
with fascist, racist or xenophobic character and the banning of promotion of the
religion of the people guilty of committing crimes against peace and humanity.
It allows the disseminating, selling or manufacturing (or depositing for the pur-
pose of disseminating) of the mentioned symbols, as well as their public use,
only if these are for the purpose of art, science, research or education.
Law on Radio and Television Broadcasting, 1992
Article 2
1. Prohibits broadcasts that are prejudicial to an individual’s “dignity, honour,
private life or public image.” 2. Prohibits “defamation of the country and of the
nation, instigation to a war of aggression, national, racial, class or religious
hatred, incitement to discrimination, territorial separatism, or public violence.”
Blasphemy, insult and hatred
206
Article 39
Violations of Article 2.1 are punishable by up to five years’ imprisonment and
of Article 2.2 by up to seven years’ imprisonment.
Russian Federation
Constitution (adopted on 12 December 1993)
Article 13
5. The establishment and activities of public associations whose goals and activi-
ties are aimed at the forcible changing of the basis of the constitutional order
and at violating the integrity of the Russian Federation, at undermining its secu-
rity, at creating armed units and at instigating social, racial, national and reli-
gious strife shall be prohibited.
Article 19
2. The State guarantees the equality of human and civil rights and freedoms
regardless of sex, race, nationality, language, origin, material and official sta-
tus, place of residence, attitude to religion, convictions, membership of public
associations, or other circumstances. All forms of limitations of human rights on
social, racial, national, language or religious grounds shall be prohibited.
Article 29
2. Propaganda or agitation that arouses social, racial, national or religious
hatred and hostility shall be prohibited. Propaganda of social, racial, national,
religious or linguistic supremacy shall also be prohibited.
Federal Law on freedom of conscience and religious associations
(26 September 1997, as amended in 2002)
Article 3
6. Prevention of exercise of rights to freedom of conscience and faith, includ-
ing that associated with violence against the person, the intentional hurting of
feelings of citizens in connection with their attitude to religion, propaganda of
religious supremacy, the destruction of or damage to property or a threat of com-
mitting such actions shall be prohibited and prosecuted in accordance with the
Federal Law. Conducting public events or putting up texts and images that may
hurt the religious feelings of citizens close to projects of religious worship shall
be prohibited.
Appendices
207
Federal Law on the basic guarantees of electoral rights and right
to participate in referenda of the citizens of the Russian Federation
(12 June 2002, as amended in 2006)
Article 56 – Limitations during conduct of an election campaign
and agitation on the questions of a referendum
Agitation that arouses social, racial, national or religious hostility, humiliating
national dignity, propagating exclusiveness, superiority or deficiency of citizens
on grounds of their attitude to religion, or on social, racial, national, religious or
language grounds, and also agitation during the conduct of which are propa-
gated and publicly demonstrated Nazi attributes or symbols, or attributes and
symbols that are similar to Nazi attributes and symbols to the extent where they
may be confused, shall be prohibited.
Penal Code (16 June 1996, as amended in 2006)
Article 148 – Obstruction of the exercise of the right of liberty of conscience
and religious liberty
Illegal obstruction of the activity of religious organisations or of the performance
of religious rites shall be punishable by a fine of up to 200 minimum wages, or
in the amount of the wage or salary, or any other income of the convicted person
for the period of up to one year, compulsory works for a term of up to one year,
or arrest for a term of up to three months.
Article 239 – Organisation of groups that encroach on the person
and the rights of citizens
This article penalises the setting up of a religious or voluntary association whose
activities involve violence against citizens or inducement to commit other unlaw-
ful acts, specifically those linked to the incitement of racial discord and enmity,
and the leading of such a group, taking part in its activities or propagating of
aforementioned actions.
Article 282 – Arousing hatred or hostility, and humiliating human dignity
Penalises any actions directed at instigating national, racial or religious hatred,
belittling national dignity, as well as the propagation of exclusiveness, supe-
riority or deficiency of citizens because of their attitude to a religion, or their
national or racial affiliation, if such behaviour is committed in public or using
mass media.
Article 282.1 – Organisation of an extremist community
This article penalises the organisation of an extremist community, that is, a group
organised to prepare or commit, on grounds of ideological, political, racial,
national or religious hatred or hostility, or on grounds of hatred or hostility to
Blasphemy, insult and hatred
208
any social group, such crimes, in particular, as illegal obstruction of the activ-
ity of religious organisations or of the performance of religious rites, arousing
racial, national or religious hatred or hostility (articles 148 and 282 of the Penal
Code), and penalises also the leading of such a group and taking part in it.
Code on Administrative Violations (30 December 2001, as amended
in 2006)
Article 5.26 – Breach of the law on freedom of conscience, freedom of religion
and religious associations
Provides administrative responsibility (a fine) for obstruction of the exercise of
the right of freedom of conscience and religious freedom, including adoption of
religious or other beliefs or rejection of them, entry to a religious association or
secession from one; for hurting the religious feelings of citizens or desecration
of their venerated objects, signs and emblems associated with their world-view.
San Marino
Criminal Code (1974)
Article 260 – Religious insult
Whoever desecrates the symbols or the objects of cult or worship of a religion
which is not contrary to morals or publicly mocks the acts of a cult is liable to
first-degree imprisonment.
The same penalty is applicable to attacks on the honour or prestige of a priest
in or due to the exercise of his functions.
Whoever desecrates the sacred relics of San Marino is liable to second-term
imprisonment.
Article 261 – Violation of freedom of religion
Whoever by violence or threat prevents anyone from practising or promoting
their religious beliefs or from taking part in private or public cult is liable to
second-degree imprisonment.
Article 262 – Interference with religious ceremonies
Whoever hinders or interferes with religious rituals, ceremonies or processions
which are being carried out with the assistance of a priest is liable to first-degree
imprisonment.
If the offence is committed by violence or threat, the penalty is increased by one
degree.
Appendices
209
Article 267 – Blasphemy or contempt for the deceased
Whoever publicly blasphemes is liable to reprehension or a fine of days of first
degree.
Whoever publicly expresses contempt for the deceased is liable to the same pen-
alty, at the request of the close relatives.
Former Criminal Code, Article 325 (repealed in 1974)
Whoever through words or acts mocks or scorns in any manner a ceremony of
the Roman Catholic Church is liable to a term of imprisonment from one to three
months, or to a fine of 50 to 100 liras, or to a more severe penalty should the
contempt degenerate into interference foreseen in the previous article or into a
more serious offence.
Serbia
Criminal Code
Article 134
Whoever provokes or fans national, racial or religious hatred, discord or intol-
erance among the nations and national minorities living in the Federal Republic
of Yugoslavia will be punished by imprisonment of one to five years. If such an
offence has been committed by coercion, maltreatment, threat to safety, expo-
sure to derision of national, ethnic or religious symbols, damage to belongings
of others, or desecration of shrines, memorials and graves, the perpetrator will
be punished by a prison term of one to eight years.
Whoever commits this offence by abuse of official position or powers or if, as a
result of these offences, disorders, violence or other serious consequences have
affected the communal life of nations and national minorities living in the Federal
Republic of Yugoslavia, the perpetrator will be punished by imprisonment of one
to eight and/or one to ten years.
Slovakia
New Criminal Code (L. 300/2005)
Paragraph 423 – Defamation of the nation, race and belief
1. Whoever publicly vilifies:
a. any nation, its language, any race or an ethnic group, or
b. a group of persons because of their belief or that they are without belief,
is sentenced to imprisonment of up to one year.
2. If the offender commits an act as stated in 1
a. together with two other persons at least,
Blasphemy, insult and hatred
210
b. in connection with a foreign power or a foreign actor,
c. as a public authority, or
d. during a crisis situation,
the offender is sentenced to imprisonment of up to three years.
Paragraph 424 – Incitement to national, racial and ethnic hatred
1. Any person who publicly
a. threatens an individual or a group of individuals, because of their nation,
nationality, race or ethnic group or for the colour of their skin, with restric-
tion of their rights and freedoms, or any person who makes such a restric-
tion, or
b. incites hatred against a nation or a race, or incites the restriction of rights
and freedoms of the members of a nation or race,
shall be liable to a term of imprisonment not exceeding three years.
2. The sentence referred to in paragraph 1 shall be imposed on any person
who associates or assembles with others with a view to committing the offence
referred to in paragraph 1.
3. The offender shall be liable to a term of imprisonment of one year to three
years if he/she commits the offence referred to in paragraph 1 or 2
a. in association with a foreign power or foreign official/agent;
b. in the capacity as a public official, or
c. during a crisis situation.
Slovenia
Constitution
Article 63 – Prohibition of incitement to discrimination or intolerance
and prohibition of incitement to violence and war
All incitement to ethnic, racial, religious or other discrimination, as well as the
inflaming of ethnic, racial, religious or other hatred or intolerance, shall be
unconstitutional.
All incitement to violence or to war shall be unconstitutional.
Religious Freedom Act (adopted on 2 February 2007), Article 3.1
All incitement to religious discrimination, inflaming of religious hatred and intol-
erance is prohibited.
Appendices
211
Criminal Code
Article 300 – Stirring up hatred, strife or intolerance based on violation
of the principle of equality
1. Whoever provokes or stirs up ethnic, racial or religious hatred, strife or intol-
erance or disseminates ideas on the supremacy of one race over another or pro-
vides aid in any manner for racist activity or denies, diminishes the significance
of, approves of or advocates genocide, shall be punished by imprisonment of
up to two years.
2. If the offence under the preceding paragraph has been committed by coer-
cion, maltreatment, endangering of security, desecration of national, ethnic or
religious symbols, damaging of the movable property or another, desecration of
monuments or memorial stones or graves, the perpetrator shall be punished by
imprisonment of up to five years.
3. Materials and objects bearing messages from the first paragraph of this arti-
cle and all devices intended for their manufacture, multiplication and distribution
shall be confiscated or their use disabled in an appropriate manner.
Mass Media Act (entered into force on 26 May 2001)
Article 8.1 – Prohibition of incitement to inequality and intolerance
The dissemination of programming that encourages national, racial, religious,
sexual or any other inequality or violence and war, or incites national, racial,
religious, sexual or any other hatred and intolerance shall be prohibited.
Article 47.3 – Advertisements
Advertising may not:
–
prejudice respect for human dignity;
–
incite discrimination on grounds of race, sex or ethnicity, or political or reli-
gious intolerance;
–
encourage behaviour damaging public health or safety or protection of the
environment and cultural heritage;
–
give offence on the grounds of religious or political beliefs; or
–
damage consumers’ interests.
Article 74
1. All publishers of radio and television stations shall have under equal condi-
tions the right to make a short report on all important events and other events
accessible to the public, with the exception of religious ceremonies.
Blasphemy, insult and hatred
212
Article 129.1.1 – Penalty provisions
A fine ranging from 250 000 tolars to 20 000 000 tolars for an infringement
shall be imposed upon a publisher if
–
through advertisements via its mass medium it harms human dignity, incites
discrimination on grounds of race, sex or ethnicity, or political or religious
intolerance, encourages behaviour endangering public health or safety or
protection of the environment and cultural heritage, gives offence on the
grounds of religious or political beliefs or damages consumers’ interests.
Spain
Act of 9 June 1988
This Act repealed Article 239 of the Criminal Code, which provided that: “Any-
one who commits blasphemy in writing, or in public, or by means of words or
acts causing serious public offence shall be subject to a lengthy prison sentence
and a 30 000- to 50 000-peseta fine.”
Criminal Code
Article 22
The following shall be considered aggravating circumstances:
4. Commission of an offence for reasons of racism, anti-Semitism or any other
type of discrimination based on the victim’s ideology, religion or belief, race,
national origin, gender, sexual orientation, illness or disability.
Article 510
1. Anyone who incites discrimination, hatred or violence towards any group or
association for reasons of racism, anti-Semitism or on any other grounds based
on ideology, religion or belief, civil status, ethnicity or race, national origin, gen-
der, sexual orientation, illness or disability shall be subject to a one- to three-year
prison sentence or a six- to twelve-month fine.
2. The same punishment shall be applicable to anyone who, knowing it to be
false or showing reckless contempt for the truth, disseminates offensive informa-
tion about groups or associations in connection with their ideology, religion or
beliefs or their members’ ethnicity, race, national origin, gender, sexual orienta-
tion, illness or disability.
Article 515
A penalty shall be applicable to any unlawful association, including:
Any association that promotes discrimination, hatred or violence towards other
people, groups or associations on account of their ideology or beliefs or the
ethnicity, race, nationality, gender, sexual orientation, civil status, illness or
Appendices
213
disability of some or all of their members; and any association that incites others
to do so.
Article 522
A four- to ten-month prison sentence shall be applicable to:
1. anyone who uses violence, intimidation, force or any other unlawful con-
straint to prevent one or more members of a religious faith from attending or
participating in acts related to the beliefs they profess;
2. anyone who uses the aforementioned means to force one or more other per-
sons to attend or participate in acts of worship or rites, to engage in acts asso-
ciated with the profession or non-profession of a religious faith or to change
religion.
Article 523
Anyone who uses violence, threats, commotion or assault to impede, interrupt or
disrupt the acts, functions, ceremonies or celebrations of the religious denomina-
tions listed in the relevant Public Register held by the Ministry of Justice and the
Interior shall be subject to a prison sentence of six months to six years, where
the offence is committed in a place of worship, or a four- to ten-month prison
sentence where it is committed elsewhere.
Article 524
Anyone who performs an act of profanation offensive to legally registered reli-
gious beliefs in a church or other place of worship or during a religious cere-
mony shall be subject to a prison sentence of six months to one year or a four- to
ten-month fine.
Article 525
1. Anyone who, with the intention of offending members of a religious denomi-
nation, mocks their dogmas, beliefs, rites or ceremonies – in public, orally, in
writing or in any kind of document – or publicly harasses those who profess or
practise their beliefs shall be subject to an eight- to twelve-month prison sentence.
2. Anyone who mocks – in public, orally or in writing – those who do not profess
any religion or belief shall be subject to the same penalty.
Article 526
Anyone who, lacking in respect for the memory of the dead, desecrates tombs
or graves, defiles a corpse or its ashes or, as an affront, destroys, alters or dam-
ages funeral urns, graveyards, tombstones or burial niches shall be subject to a
penalty of 12 to 24 weekends of detention and a three- to six-month fine.
Blasphemy, insult and hatred
214
Article 607
1. Anyone seeking the total or partial destruction of a national, ethnic, racial or
religious group, or guilty of any of the other acts listed below, shall be liable to:
i. 15 to 20 years’ imprisonment for murdering a member of the aforemen-
tioned group; where there are two or more aggravating circumstances, the
penalty shall be increased incrementally;
ii. 25 to 30 years’ imprisonment for sexually assaulting a member of the
aforementioned group or causing one of the injuries listed in Article 149;
iii. eight to 15 years’ imprisonment for subjecting the aforementioned group
or any of its members to living conditions that might endanger their lives
or seriously damage their health, or inflicting one of the injuries listed in
Article 150;
iv. four to eight years’ imprisonment for inflicting any injury other than those
mentioned in subparagraphs (ii) and (iii) of this paragraph.
2. Dissemination, by any means, of any doctrine that denies or justifies the
offences set out in the preceding paragraph of this article, or attempts to rehabil-
itate any regime or institution encouraging practices similar to those described
in the preceding paragraphs, shall carry a one- to two-year prison sentence.
Sweden
The general law of blasphemy was abolished in 1949 and a narrower crime of
religious insult was abolished in 1970.
Criminal Code
Chapter 29, Section 2
In assessing criminal value, the following aggravating circumstances shall be
given special consideration in addition to what is applicable to each and every
type of crime:
7. whether a motive for the crime was to aggrieve a person, ethnic group or
some other similar group of people by reason of race, colour, national or ethnic
origin, religious belief or other similar circumstance.
Chapter 16, Section 8
A person who, in a disseminated statement or communication, threatens or
expresses contempt for a national, ethnic or other such group of persons with
allusion to race, colour, national or ethnic origin, or religious belief shall be sen-
tenced for agitation against a national or ethnic group to imprisonment for two
years or, if the crime is petty, to a fine. (L 1988:835)
Appendices
215
Switzerland
Criminal Code
Article 261 – Violation of freedom of religion and freedom of worship
Anyone who publicly and basely insults or ridicules other people’s beliefs in
matters of faith, particularly faith in God, or profanes an object of religious
veneration,
anyone who maliciously impedes the celebration of a religious rite safeguarded
by the Constitution or disrupts or publicly ridicules such a rite,
anyone who maliciously profanes a place or object used for worship or for a
religious rite safeguarded by the Constitution,
shall be subject to a prison sentence of up to six months or a fine.
Article 261A – Racial discrimination
Anyone who publicly incites hatred of or discrimination against a person or a
group of people on account of their race, ethnic group or religion;
anyone who publicly spreads an ideology aimed at the systematic belittling or
denigration of members of a race, ethnic group or religion;
anyone who, with the same intention, organises or encourages acts of propa-
ganda or participates in such acts;
anyone who, by means of words, written material, images, actions, assault or
any other means, publicly belittles or discriminates against a person or a group
of people on account of their race, ethnic group or religion in such a way as to
violate their human dignity, or who, for the same reasons, denies, grossly mini-
mises or attempts to justify genocide or other crimes against humanity;
161
anyone who refuses to supply a public service to a person or a group of people
on account of their race, ethnic group or religion;
shall be subject to a prison sentence or a fine.
This article was inserted under Section 1 of the Federal Act of 18 June 1993,
which has been in force since 1 January 1995 (RO 1994 2887 2889; FF 1992
III 265).
161
.
On 9 March 2007, the Lausanne District Court imposed a suspended sentence of 90 day-fines
and a 3 000-franc fine on the President of the Turkish Workers’ Party for denying the Armenian geno-
cide. This was the first such conviction under Article 261A.
Blasphemy, insult and hatred
216
“The former Yugoslav Republic of Macedonia”
Criminal Code (23 July 1996)
Article 319 – Causing national, racial or religious hate, discord
and intolerance
1. A person who by force, mistreatment, endangering security, ridicule of
national, ethnic or religious symbols, by damaging other people’s objects, by
desecration of monuments, graves, or in some other manner causes or excites
national, racial or religious hate, discord or intolerance, shall be punished with
imprisonment of one to five years.
2. A person who commits a crime from paragraph 1 by misusing his position or
authority, or if because of these crimes, riots and violence were caused among
people, or caused large damage to property, shall be punished with imprison-
ment of one to ten years.
Article 399 – Hindering a religious ceremony
A person who unlawfully hinders the performance of a religious ceremony shall
be punished with a fine, or with imprisonment of up to one year.
Article 417 – Racial or other discrimination
1. A person who, based on the difference in race, colour of skin, national-
ity or ethnic affiliation, violates the basic human rights and freedoms acknowl-
edged by the international community, shall be punished with imprisonment of
six months to five years.
2. The punishment from paragraph 1 shall apply also to a person who perse-
cutes organisations or individuals because of their efforts for equality of the
people.
3. A person who spreads ideas about the superiority of one race above some
other, or who advocates racial hate, or instigates to racial discrimination, shall
be punished with imprisonment of six months to three years.
Law on Religious Communities and Religious Groups (Official Gazette
of the Republic of Macedonia, No. 35/1997)
Article 18
Religious activities and religious rituals are performed in churches, mosques and
other temples, as well as in yards that are part of these facilities, on cemeter-
ies and other facilities of the religious community or group. Performing religious
activities and religious rituals cited in Paragraph 1 of this article cannot disturb
public order and peace, nor the religious feelings and other freedoms and rights
of citizens who do not belong to the religious community or group.
Appendices
217
Article 30
A fine of the amount of 30 000 to 50 000 denars will be levied on:
–
any person who forces or thwarts a citizen in giving contributions intended
for religious and humanitarian aims (Article 16, paragraph 2);
–
any person who performs religious ritual or activities outside the facilities
from Article 18, paragraph 1;
–
any person who performing religious rituals or activities violates public
order and peace, or the religious feelings and other freedoms and rights of
citizens (Article 18, paragraph 2), and
–
any person who performs a religious ritual without request on a citizen in
his residence, on a person under age without appropriate agreement or in
hospitals, homes for old people and like institutions, contrary to the house
rules (Article 20, paragraphs 1, 2 and 3).
Turkey
Constitution
Article 24
Everyone shall have the right to freedom of conscience, faith and religious belief.
Prayers, rites and religious ceremonies shall be conducted freely, provided that
they do not breach the provisions of Article 14. No one may be compelled to
participate in prayers or religious ceremonies and rites, or to disclose his or her
religious faith or beliefs; no one may be reprimanded or accused on account of
his or her religious faith or beliefs.
New Criminal Code (2004-2005)
Article 125
1. A person who makes an allegation of an act or specific fact about another
person’s honour, reputation, dignity or prestige shall be sentenced to imprison-
ment for a term of three months to two years or a judicial fine will be imposed.
In order to punish insults in the absence of the victim, the act should have been
witnessed by at least three persons.
2. If the act is committed by means of a voiced, written or visual message
addressing the victim, the perpetrator shall be sentenced to the penalties set out
above.
3. If the offence of defamation is committed:
a. against a public official or a person performing a public service and
the allegation is connected with his public status or the public service he
provides,
Blasphemy, insult and hatred
218
b. as a result of expressing, changing or trying to extend one’s religious,
political, social, philosophical beliefs, thoughts and opinions, one’s compli-
ance with the rules and prohibitions of one’s religion,
c. by mentioning the holy values of the religion the person is a member of,
the minimum length of the sentence cannot be less than one year.
4. Where the defamation is committed explicitly, the sentence shall be increased
by one sixth; if it is committed through the press and media, the sentence shall
be increased by one third.
Criminal Code
Article 216 – Inciting people to hatred, hostility and humiliation
1. Anyone who publicly incites part of the population to hatred and hostil-
ity towards another part of the population by means of discrimination based
on race, regional origin, religion or social class shall be subject to a one- to
three year prison sentence, where his or her actions clearly put the public in
direct danger.
2. Anyone who humiliates part of the population on account of social, religious,
sexual or regional differences shall be subject to a prison sentence of six months
to one year.
3. Openly humiliating a person on account of his or her religious values shall
carry a prison sentence of six months to one year where the offence in question
might be liable to cause social unrest.
Article 301
1. A person who publicly denigrates Turkishness, the Republic or the Grand
National Assembly of Turkey, shall be punishable by imprisonment of between
six months and three years.
2. A person who publicly denigrates the Government of the Republic of Turkey,
the judicial institutions of the State, the military or security organisations shall be
punishable by imprisonment of between six months and two years.
3. In cases where denigration of Turkishness is committed by a Turkish citizen in
another country the punishment shall be increased by one third.
4. Expressions of thought intended to criticise shall not constitute a crime.
162
162. Article 301 of the Turkish Criminal Code contains provisions aimed at regulating possible restric-
tions to freedom of speech mentioned in Article 26 of the Constitution. These Article 301 provisions
are quite general, though, and leave a wide spectrum of possible interpretations. As in the Constitu-
tion, it is not religion, but Turkishness, that is used in this article as a justification for limitations on
freedom of speech. Until its reform in 2003, the Turkish criminal code contained a blasphemy para-
graph, Article 175, paragraph 3-4: “Quiconque insulte Allah, l’une des religions, l’un des prophètes,
l’une des sectes ou l’un des livres sacrés, ou bien vilipende ou outrage une personne en raison de
ses croyances, du fait de sa pratique des obligations religieuses ou de son observation des interdits
Appendices
219
Law on Radio and Television, No. 3984 (1994), Article 4
Radio and television broadcasting shall be made, within the concept of a pub-
lic utility, in Turkish. ... In addition, public and private radio and television insti-
tutions may broadcast in various languages and dialects traditionally used by
Turkish citizens in their daily lives.
The following principles shall be observed:
b. There shall be no broadcasting that leads society to violence, terror or eth-
nic discrimination; or incites masses to hatred and antagonism based on class,
race, language or religion; or brings about feelings of hatred in society.
d. The masses shall not be accused and offended on grounds of language, race,
colour, gender, political opinion, philosophical belief, religion, sect and the like.
s. All elements of programme services shall respect the dignity of the human
being and fundamental human rights.
v. Broadcasts shall neither encourage the use of violence, nor shall they be of a
nature that provokes feelings of racist hatred.
Ukraine
Constitution
Article 37
The establishment and activity of political parties and public associations are
prohibited if their programme goals or actions are aimed at the liquidation
of the independence of Ukraine, change of the constitutional order by violent
means, violation of the sovereignty and territorial indivisibility of the State, the
undermining of its security, the unlawful seizure of state power, propaganda of
war and violence, the incitement of inter-ethnic, racial or religious enmity, and
encroachments on human rights and freedoms and the health of the population.
Political parties and public associations shall not have paramilitary formations.
The creation and activity of organisational structures of political parties shall not
be permitted within bodies of executive and judicial power and executive bod-
ies of local self-government, in military formations, and also in state enterprises,
educational establishments and other state institutions and organisations.
religieux ... sera puni d’une peine d’emprisonnement de six mois à un an et d’une amende lourde de
5 000 à 25 000 livres turques. La peine est doublée lorsque l’acte incriminé prévu dans le troisième
alinéa du présent article est commis par voie de publication.” In the present Turkish criminal code
there is no separate blasphemy law, though Article 125 (paragraphs b and c) prohibits violating a
person’s honour because of his/her religious beliefs, way of worship etc. Summarising the above
observations, it seems that, of the three elements of Turkish identity, two of them – Turkishness and
Islamic tradition – may be instrumental in limiting freedom of expression. In this light, a brief survey
of the Turkish Government’s recent policy on freedom of expression will cast light on the practical
implications of the ongoing identity negotiation in Turkey. See www.trykkefrihed.dk/dokumenter/
FreeSpeechTurkishTaboos2.htm/.
Blasphemy, insult and hatred
220
Prohibition of activity of associations of citizens is exercised only through judi-
cial procedure.
Law on the Freedom of Conscience and Religious Organisations (1991)
Article 4 – Equal rights of citizens regardless of their attitude to religion
Citizens of Ukraine shall be equal before the law and shall enjoy equal rights
in all spheres of economic, political, social and cultural life regardless of their
attitude to religion. A citizen’s attitude to religion shall not be indicated in offi-
cial documents.
Any direct or indirect limitation of rights, any establishment of direct or indirect
preferences for citizens depending on their attitude to religion, as well as incite-
ment of enmity and hate related thereto, or the offence of citizen’s feelings shall
result in liability established by law.
No one may evade the performance of constitutional duties by reason of reli-
gious convictions. The substitution of one duty for another duty by reason of
convictions shall be allowed only in the cases provided for by the legislation of
Ukraine.
Criminal Code
Article 67 – Circumstances aggravating punishment
1. For the purposes of imposing a punishment, the following circumstances shall
be deemed to be aggravating:
(1) repetition of an offence or recidivism; (2) commission of an offence by
a group of persons upon prior conspiracy (paragraph 2 or 3 of Article 28);
(3) commission of an offence based on racial, national or religious enmity and
hostility; (4) commission of an offence in connection with the discharge of offi-
cial or public duty by the victim; (5) grave consequences caused by the offence;
(6) commission of an offence against a minor, an elderly or helpless person;
(7) commission of an offence against a woman who, to the knowledge of the
culprit, was pregnant; (8) commission of an offence against a person who was
in a financial, official or other dependence on the culprit; (9) commission of an
offence through use of a minor, a person of unsound mind or mentally defective
person; (10) commission of an especially violent offence; (11) commission of
an offence by taking advantage of martial law or a state of emergency or other
extraordinary events; (12) commission of an offence by a generally dangerous
method; (13) commission of an offence by a person in a state of intoxication
resulting from the use of alcohol, narcotic or any other intoxicating substances;
2. Depending on the nature of the offence, a court may find any of the circum-
stances specified in paragraph 1 of this article, other than those defined in sub-
paragraphs 2, 6, 7, 9, 10 and 12, not to be aggravating, and should provide
the reasons for this decision in its judgment.
Appendices
221
3. When imposing a punishment, a court may not find any circumstances, other
than those defined in paragraph 1 of this article, to be aggravating.
4. If any of the aggravating circumstances is specified in an article of the Special
Part of this Code as an element of an offence that affects its treatment, a court
shall not take it into consideration again as an aggravating circumstance when
imposing a punishment.
Article 161 – Violation of citizens’ equality based on their race, nationality
or religious preferences
1. Wilful actions inciting national, racial or religious enmity and hatred, humili-
ation of national honour and dignity, or the insult of citizens’ feelings in respect
to their religious convictions, and also any direct or indirect restriction of rights,
or granting direct or indirect privileges to citizens based on race, colour of skin,
political, religious and other convictions, sex, ethnic and social origin, property
status, place of residence, linguistic or other characteristics, shall be punishable
by a fine up to 50 tax-free minimum incomes, or correctional labour for a term
up to two years, or restraint of liberty for a term up to five years, with or without
deprivation of the right to occupy certain positions or engage in certain activities
for a term up to three years.
2. The same actions accompanied by violence, deception or threats, and also if
committed by an official, shall be punishable by correctional labour for a term
up to two years, or imprisonment for a term up to five years.
3. Any such actions as provided for by paragraph 1 or 2 of this article, if com-
mitted by an organised group of persons, or where they caused death of people
or other grave consequences, shall be punishable by imprisonment for a term of
two to five years.
Article 178 – Damage of religious architecture or houses of worship
Damage or destruction of a religious structure or a house of worship shall be
punishable by a fine up to 300 tax-free minimum incomes, or imprisonment for
a term of one to three years.
Article 179 – Illegal retention, desecration or destruction of religious sanctities
Illegal retention, desecration or destruction of religious sanctities shall be punish-
able by a fine up to 200 tax-free minimum incomes, or imprisonment for a term
up to three years.
Article 180 – Preclusion of religious ceremonies
1. Illegal preclusion of religious ceremonies, where it frustrated or was likely to
frustrate a religious ceremony, shall be punishable by a fine up to 50 tax-free
Blasphemy, insult and hatred
222
minimum incomes, or arrest for a term up to six months, or restraint of liberty for
a term up to two years.
2. Forcing a clergyman, by violence or psychological pressure, into officiating,
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a
term up to six months, or restraint of liberty for a term up to two years.
Article 181 – Trespass against health of persons under pretence
of preaching or ministering
1. Organising or leading a group that operates under pretence of preaching or
ministering accompanied with the impairment of people’s health or sexual dis-
sipation, shall be punishable by restraint of liberty for a term up to three years,
or imprisonment for the same term.
2. The same actions accompanied with involvement of minors in activities of the
group shall be punishable by imprisonment of three to five years.
Law of Ukraine on Mass Media, Article 3
This prohibits using mass media for rousing racial, national or religious hatred.
United Kingdom
Scotland (HL- Law Commission, 2003)
The last reported prosecution for blasphemy in Scotland was in 1843. Some
writers have argued that blasphemy may no longer be a crime in Scotland (see,
for example, G. Gordon, The Criminal Law of Scotland, W. Green, 2nd edition,
1978, p. 998). In any event, since Scottish law, unlike English law, requires
a personal interest in a matter before there can be any private prosecution,
and since the state is unlikely to want to prosecute for blasphemy, a prose-
cution, even if technically possible, is unlikely to occur. At present Scotland
has no special provisions to deal with religious offences that are not found in
English law. Indeed some extant English provisions, such as Section 2 of the
Ecclesiastical Courts Jurisdiction Act 1860, have no counterpart in Scotland.
However, concern over sectarianism in Scotland has led to calls for new legisla-
tion. On 20 February 2003, the Scottish Parliament passed the Criminal Justice
(Scotland) Bill, which included a section on religious prejudice, originally intro-
duced by Donald Gorrie MSP. The section reads as follows:
Criminal Justice Act of 20 February 2003
Section 59A – Offences aggravated by religious prejudice
1. This section applies where it is
a. libelled in an indictment; or
b. specified in a complaint, and, in either case,
Appendices
223
proved that an offence has been aggravated by religious prejudice.
2. For the purposes of this section, an offence is aggravated by religious preju-
dice if
a. at the time of committing the offence, or immediately before or after
doing so, the offender evinces towards the victim (if any) of the offence mal-
ice or ill-will based on the victim’s membership (or presumed membership)
of a religious group, or of a social or cultural group with a perceived reli-
gious affiliation; or
b. the offence is motivated (wholly or partly) by malice and ill-will towards
members of a religious group, or a social or cultural group with a perceived
religious affiliation, based on membership of that group.
3. Where this section applies, the court must take the aggravation into account
in determining the appropriate sentence.
4. Where the sentence or decision in respect of the offence is different from that
which the court would have imposed had the offence not been aggravated by
religious prejudice, the court must state the extent of and the reasons for that
difference.
5. For the purposes of this section, evidence from a single source is sufficient to
prove that an offence is aggravated by religious prejudice.
6. In subsection 2a, “membership” in relation to a group includes association
with members of that group; and “presumed” means presumed by the offender.
7. In this section, “religious group” means a group of persons defined by refer-
ence to their
a. religious belief or lack of religious belief;
b. membership of or adherence to a church or religious organisation;
c. support for the culture and traditions of a church or religious organisa-
tion; or
d. participation in activities associated with such a culture or such traditions.
England and Wales
On 5 March 2008, the House of Lords abolished the common law crimes of
blasphemy and blasphemous libel.
Public Order Act, 1986
This Act defined racial hatred as “hatred against a group of persons defined by
reference to colour, race, nationality (including citizenship) or ethnic or national
origins”. By Section 18 of the 1986 Act, it is an offence for a person to use
threatening, abusive or insulting words or behaviour; it is also an offence to
display any material which is threatening, abusive or insulting if the defendant
Blasphemy, insult and hatred
224
does so with intent to stir up racial hatred or if in the circumstances racial hatred
is likely to be stirred up. Corresponding offences exist in relation to publishing
or distributing written material, theatrical performances, and broadcasting. The
1986 Act did not extend to incitement to religious hatred.
Racial and Religious Hatred Act, 2006
An Act to make provision about offences involving stirring up hatred against per-
sons on racial or religious grounds.
Section 29
The Racial and Religious Hatred Act 2006 inserts a new part 3A into the
1986 Public Order Act; part 3A is entitled ‘Hatred against persons on reli-
gious grounds’. Religious hatred means “hatred against a group of persons
defined by reference to religious belief or lack of religious belief” (s. 29A). The
primary offence (s. 29B) is to use threatening words or behaviour or to display
any written material that is threatening, if the defendant thereby intends to stir
up religious hatred. It is also an offence (s. 29C) to publish or distribute written
material which is threatening, if the defendant thereby intends to stir up religious
hatred. Offences of this kind have been created in respect of theatrical perform-
ances (s. 29D), broadcasting (s. 29F) etc. There is also an offence of possess-
ing inflammatory material (with a view to publication, distribution etc) which is
threatening if the defendant intends religious hatred to be stirred up thereby. An
important restriction on proceedings for these offences is that no prosecution for
these offences may be instituted except with the consent of the Attorney-General
(s. 29L1).
Paragraph 29B – Use of words or behaviour or display of written material
1. A person who uses threatening words or behaviour, or displays any written
material which is threatening, is guilty of an offence if he intends thereby to stir
up religious hatred.
2. An offence under this section may be committed in a public or a private
place, except that no offence is committed where the words or behaviour are
used, or the written material is displayed, by a person inside a dwelling and are
not heard or seen except by other persons in that or another dwelling.
3. A constable may arrest without warrant anyone he reasonably suspects is
committing an offence under this section.
4. In proceedings for an offence under this section, it is a defence for the accused
to prove that he was inside a dwelling and had no reason to believe that the
words or behaviour used, or the written material displayed, would be heard or
seen by a person outside that or any other dwelling.
Appendices
225
5. This section does not apply to words or behaviour used, or written material
displayed, solely for the purpose of being included in a programme service.
Paragraph 29C – Publishing or distributing written material
1. A person who publishes or distributes written material which is threatening is
guilty of an offence if he intends thereby to stir up religious hatred.
2. References in this part to the publication or distribution of written material are
to its publication or distribution to the public or a section of the public.
Paragraph 29D – Public performance of play
1. If a public performance of a play is given which involves the use of threaten-
ing words or behaviour, any person who presents or directs the performance is
guilty of an offence if he intends thereby to stir up religious hatred.
2. This section does not apply to a performance given solely or primarily for one
or more of the following purposes a) rehearsal, b) making a recording of the
performance, or c) enabling the performance to be included in a programme
service;
3. But if it is proved that the performance was attended by persons other than
those directly connected with the giving of the performance or the doing in rela-
tion to it of the things mentioned in paragraph b or c, the performance shall,
unless the contrary is shown, be taken not to have been given solely or primarily
for the purpose mentioned above.
4. For the purposes of this section
a. a person shall not be treated as presenting a performance of a play by
reason only of his taking part in it as a performer,
b. a person taking part as a performer in a performance directed by
another shall be treated as a person who directed the performance if with-
out reasonable excuse he performs otherwise than in accordance with that
person’s direction, and
c. a person shall be taken to have directed a performance of a play given
under his direction notwithstanding that he was not present during the per-
formance; and a person shall not be treated as aiding or abetting the com-
mission of an offence under this section by reason only of his taking part in
a performance as a performer.
5. In this section “play” and “public performance” have the same meaning as
in the Theatres Act 1968.
Blasphemy, insult and hatred
226
6. The following provisions of the Theatres Act 1968 apply in relation to an
offence under this section as they apply to an offence under Section 2 of that
Act:
− section 9 (script as evidence of what was performed),
− section 10 (power to make copies of script),
− section 15 (powers of entry and inspection).
Paragraph 29E – Distributing, showing or playing a recording
1. A person who distributes, or shows or plays, a recording of visual images or
sounds which are threatening is guilty of an offence if he intends thereby to stir
up religious hatred.
2. In this part “recording” means any record from which visual images or sounds
may, by any means, be reproduced; and references to the distribution, showing
or playing of a recording are to its distribution, showing or playing to the public
or a section of the public.
3. This section does not apply to the showing or playing of a recording solely for
the purpose of enabling the recording to be included in a programme service.
Paragraph 29F – Broadcasting or including programme in programme service
1. If a programme involving threatening visual images or sounds is included in
a programme service, each of the persons mentioned in subsection 2 is guilty of
an offence if he intends thereby to stir up religious hatred.
2. The persons are
a. the person providing the programme service,
b. any person by whom the programme is produced or directed, and
c. any person by whom offending words or behaviour are used.
Paragraph 29G – Possession of inflammatory material
1. A person who has in his possession written material which is threatening, or
a recording of visual images or sounds which are threatening, with a view to
a) in the case of written material, its being displayed, published, distributed,
or included in a programme service whether by himself or another, or b) in
the case of a recording, its being distributed, shown, played, or included in a
programme service, whether by himself or another, is guilty of an offence if he
intends religious hatred to be stirred up thereby.
2. For this purpose regard shall be had to such display, publication, distribution,
showing, playing, or inclusion in a programme service as he has, or it may be
reasonably be inferred that he has, in view.
Appendices
227
Paragraph 29H – Powers of entry and search
1. If in England and Wales a justice of the peace is satisfied by information on
oath laid by a constable that there are reasonable grounds for suspecting that
a person has possession of written material or a recording in contravention of
Section 29G, the justice may issue a warrant under his hand authorising any
constable to enter and search the premises where it is suspected the material or
recording is situated.
2. If in Scotland a sheriff or justice of the peace is satisfied by evidence on oath
that there are reasonable grounds for suspecting that a person has possession
of written material or a recording in contravention of Section 29G, the sheriff or
justice may issue a warrant authorising any constable to enter and search the
premises where it is suspected the material or recording is situated.
3. A constable entering or searching premises in pursuance of a warrant issued
under this section may use reasonable force if necessary.
4. In this section “premises” means any place and, in particular, includes: a) any
vehicle, vessel, aircraft or hovercraft, b) any offshore installation as defined
in Section 12 of the Mineral Workings (Offshore Installations) Act 1971, and
c) any tent or movable structure.
Paragraph 29I – Power to order forfeiture
1. A court by or before which a person is convicted of a) an offence under
Section 29B relating to the display of written material, or b) an offence under
sections 29C, 29E or 29G, shall order to be forfeited any written material or
recording produced to the court and shown to its satisfaction to be written mate-
rial or a recording to which the offence relates.
2. An order made under this section shall not take effect a) in the case of an
order made in proceedings in England and Wales, until the expiry of the ordi-
nary time within which an appeal may be instituted or, where an appeal is duly
instituted, until it is finally decided or abandoned; b) in the case of an order
made in proceedings in Scotland, until the expiration of the time within which,
by virtue of any statute, an appeal may be instituted or, where such an appeal
is duly instituted, until the appeal is finally decided or abandoned.
3. For the purposes of subsection 2a: a) an application for a case stated or for
leave to appeal shall be treated as the institution of an appeal, and b) where a
decision on appeal is subject to a further appeal, the appeal is not finally deter-
mined until the expiry of the ordinary time within which a further appeal may be
instituted or, where a further appeal is duly instituted, until the further appeal is
finally decided or abandoned.
4. For the purposes of subsection 2b, the lodging of an application for a stated
case or note of appeal against sentence shall be treated as the institution of an
appeal.
Blasphemy, insult and hatred
228
Paragraph 29J – Protection of freedom of expression
Nothing in this part shall be read or given effect in a way which prohibits or
restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult
or abuse of particular religions or the beliefs or practices of their adherents, or
of any other belief system or the beliefs or practices of its adherents, or proselyt-
ising or urging adherents of a different religion or belief system to cease practis-
ing their religion or belief system.
Northern Ireland (HL-Law Commission, 2002)
Blasphemy was part of the common law of Ireland. In an 1842 judgment,
Sir Edward Sugden refers to the successful prosecution in 1703 of Thomas
Emlyn, a Unitarian minister who had written a book arguing that Jesus Christ
was not the equal of God the Father. This appears to have been the first reported
blasphemy prosecution in Irish law. The law would seem to have protected the
beliefs of the Church of Ireland. It is therefore arguable that the crime did not sur-
vive the disestablishment of the Church of Ireland by the Irish Church Act 1869.
There was no reported blasphemy prosecution in the period between 1855 and
the creation of the independent state of Ireland. In Northern Ireland, which inher-
ited Irish common law, there has, to date, been no prosecution for blasphemy.
However, in Northern Ireland incitement to religious hatred is a criminal offence
under the Public Order (NI) Order 1987, although it is rarely prosecuted. From
enquiries we made, it would seem that this might be due to the fact that it was
difficult to show the necessary intention to incite religious hatred, a disinclina-
tion to prosecute sectarian cases or a feeling that the number of cases that could
potentially be prosecuted was so large as to make individual prosecutions poten-
tially invidious – or a combination of all three.
229
Appendix II
Analysis of domestic laws on blasphemy,
religious insult and inciting religious hatred in Albania,
Austria, Belgium, Denmark, France, Greece, Ireland,
Netherlands, Poland, Romania, Turkey and the United
Kingdom on the basis of replies to a questionnaire
Questionnaire
Dostları ilə paylaş: |