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July 13, 2009
Ed Brayton Is Correct
"Say Goodbye to Free Speech in Ireland" or anywhere else that adopts a law even close to this,
36. Publication or utterance of blasphemous matter.(1) 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. [Amended to €25,000]
(2) For the purposes of this section, a person publishes or utters blasphemous matter if (a) he or she publishes or utters 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 (b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.
(3) It shall be a defense to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
37. Seizure of copies of blasphemous statements.
(1) Where a person is convicted of an offence under section 36, the court may issue a warrant (a) authorizing any member of the Garda Siochana to enter (if necessary by the use of reasonable force) at all reasonable times any premises (including a dwelling) at which he or she has reasonable grounds for believing that copies of the statement to which the offence related are to be found, and to search those premises and seize and remove all copies of the statement found therein, (b) directing the seizure and removal by any member of the Garda Siochana of all copies of the statement to which the offence related that are in the possession of any person, © specifying the manner in which copies so seized and removed shall be detained and stored by the Garda Siochana.
(2) A member of the Garda Siochana may (a) enter and search any premises, (b) seize, remove and detain any copy of a statement to which an offence under section 36 relates found therein or in the possession of any person, in accordance with a warrant under subsection (1).
(3) Upon final judgment being given in proceedings for an offence under section 36, anything seized and removed under subsection (2) shall be disposed of in accordance with such directions as the court may give upon an application by a member of the Garda Siochana in that behalf.
This is actually quite frightening. But it also follows a very dangerous contemporary trend: privileging religion.
I find the very idea of privileged ideas or opinions offensive in the extreme. Religious beliefs are no exception. No idea or opinion should be above the rough and tumble, sometimes abusive and insulting, process of public debate. That doesn't mean that I approve of all that sometimes passes for debate but that is beside the point.
Indeed, I find this new Irish law "grossly abusive or insulting." I'm not quite sure which. I'm sure many other people do too. I think we need another law to protect us from the abuse or insult of this law. Therefore, I propose a law to the effect that anyone having a copy of this Irish law on his or her computer or elsewhere in his or her possession should be fined up to €25,000, that's about $35,000 these days. The same goes for anyone who repeats it or otherwise mentions it. I think the police should be able, with a proper warrant, to use "reasonable force" to enter your any home or office to seize any copies of the law that may be there including the one currently in your various computers. Of course, the police would need to confiscate your the computers to do their job. That's okay with me as long as my associates and I are not offended by anyone having a copy of this grossly abusive, insulting law. Perhaps a judge will let you the offenders have your their computers back but only after proper hearings of course.
Please, excuse me; I think someone in a uniform is knocking at my door. I'd better go see what it's all about before they break my door down.
Posted by Duane Smith at July 13, 2009 10:04 AM | Read more on Current Events |
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Comments
We mustn't get fixated on the "blasphemy" wording. That's just sugar-coating to get Ireland's Catholics to agree to it. The real effect of the law is far wider; to allow the establishment to lock up anyone -- including Catholics -- who expresses opposition to some favoured group in anything except the mildest terms. Remember that in Ireland a lot of politics takes the clothing of "religion".
I've blogged on this evil law myself here, but I think we need to step back and see the issue as freedom of speech in general. This is what is under threat, regardless of the excuse for it. For instance in the last week two men were jailed for four years plus in the UK for running a website which said things the UK establishment didn't want said. Details here; the police hailed it as "groundbreaking", which it was.
Increasingly there seems to be an atmosphere of hate and intolerance about, and all bloggers need to fight back and challenge this creeping censorship. I'm glad you highlighted this one. After all, you have to hate people pretty badly to want to lock them up for words!
Perhaps we should all add a note to every post, "This post is made under UK and Irish government restrictions on free speech". That would send a certain signal.
Posted by: Roger Pearse at July 13, 2009 11:59 AM
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