Blasphemy Laws By Stealth? by Les May

IN Great Britain the common law offence of blasphemy was abolished in May 2008. Which suggest that the recent BBC News headline ‘Batley Grammar School: Blasphemy debate leaves town at crossroads’ is not simply misleading but mischievous. For more than 150 years before that it had been restricted to protecting the "tenets and beliefs of the Church of England". It has not been missed as the last case in which anyone went to jail was in 1922 when John William Gott was sentenced to nine months hard labour for comparing Jesus with a circus clown. There is no record of whether God thought this was necessary.

A late amendment to the Racial and Religious Hatred Act 2006 contained a clause which reads "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 proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system."

The legislation has been attacked by a number of Muslims on the basis that it is too rigidly drawn, and that the scope of the offence of incitement to religious hatred is too narrow. The amendment noted above was inserted after campaigns by religious and secular groups, and comedians and satirists who were concerned that as originally drafted the act to hinder free speech.

In an Australian case brought by the Islamic Council of Victoria citing the Racial and Religious Tolerance Act 2001, which applies to public behaviour not personal beliefs, the outcome was a statement agreed to by both parties which affirmed everyone's rights to "robustly debate religion including the right to criticise the religious belief of another, in a free, open and democratic society".

In a nutshell the actions of the teacher in the Batley Grammar School case were not unlawful in the UK. Had the intension been to vilify Muslims rather than to discuss blasphemy it would have fallen within the scope of the act.

The protests outside Batley Grammar School are an attempt to introduce a new blasphemy law by stealth.

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