Section 13 of this act provides for the offence of blasphemous or obscene libel.
The section provides for a higher penalty (penal servitude for a term not exceeding 7 years) and for extra powers of seizure and entry of premises that do not appear to apply to other forms of libel.
The special provisions in relation to blasphemy inhibit free speech in an unacceptable manner.
It is not the business of a modern republic to give special protection to one set of beliefs as compared with another.
This issue arose in the case of Corway v Independent Newspapers. My recollection is that the Supreme Court decided that the crime of blasphemy needed to be clarified by the legislature - they felt it was unenforceable in its current format ie offences against christianity - indeed it could be argued that blasphemy in its current form related only to the church of england!!!!!!!!!
How many actions for blasphemy have been taken in the last 10 years?
Is there actually a legal right to free speech in Ireland?
None successfully in the history of the State afaik and as pollyanna rightly points out it is no longer to prosecute such a crime after CorwayOriginally Posted by CJH
“Common sense is the collection of prejudices acquired by age eighteen” - Albert Einstein
A poster of some consequence...
40.6.1 i of the constitution
The State guarantees liberty for the exercise of the following rights, subject to public order and morality:
i. the right of the citizens to express freely their convictions and opinions.
“Common sense is the collection of prejudices acquired by age eighteen” - Albert Einstein
A new Defamation Bill is going through the Oireachtas
Complete and utter misunderstanding of the legislation. It doesn't give protection to one set of beliefs over another (although the Preamble of the Consitution) would lead you to believe that it does.
Blasphemy is a bit like pornography - never seen it, but would know what it was if I saw it.
The Corway case was a crank case.
Virtually impossible to get a conviction as it would always have to be balanced against right to free expression.
If it ain't broke (or being used)....
The doctorine of Blasphemy should be abolished as it tends to oppose the expression of free speech regarding matters of conscience
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