Ireland’s Blasphemy Bill not only criminalizes free speech, it also gives the police the authority to confiscate anything deemed “blasphemous”. They may enter and search any premises, with force if needed, upon “reasonable suspicion” that such materials are present.
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 defence 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) authorising 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.
Comments
The language of the bill makes it clear that the intent is to stop egregious religious insults that might disturb the public order -- such as the \"troubles\" that have affected Ireland for centuries, with Catholics and Protestants at each others\' throats. Taken along with the tendency in the UK and US for people to trash Muslims without knowing anything at all about the individuals\' beliefs, it would seem to be long overdue.
In order to be convicted, the government must show intent, as with any other crime. Given the difficulty of proving intent to defame or inflame, there will be few convictions, and those who are will richly deserve them.
I understand that deploring this sort of thing is your stock in trade, but interpreting the law a priori, in such a manner as you have done in this article, calls your objectivity into serious question.
RSS feed for comments to this post