A
Council of Europe (CoE) study on freedom of expression and freedom of religion,
argues that it is no longer desirable for European democracies to criminalise
blasphemy, and calls for the abolishment of such laws.
Malta is one of the few European states that penalises the public
vilification of the Roman Catholic religion with a maximum term of sixth
months' imprisonment – and three months for other religions.
Only Greece contemplates a higher term – two years' imprisonment – for
malicious blasphemy.
The debate on so-called religious insult was brought to the fore by the Board of
Film and Stage Classification's decision to ban the play Stitching, for reasons
that included blasphemy.
And adding to the dose of ecclesiastical umbrage, only this week seven revellers
at the Nadur carnival were arraigned for dressing up as priests – much to the
outrage of the bishops. It seems Malta has reverted back to 1959.
The report on European laws on religious insult and incitement to hatred in all
the European nations, was prepared by the Venice Commission, an advisory body of
the Council of Europe composed of experts of constitutional law.
In their two-year study, the experts concluded that it is neither necessary
nor desirable to create an offence of religious insult, that is insult to
religious feelings, without the element of incitement to hatred as an essential
component.
The Commission argues that pluralism, tolerance and broadmindedness means that
freedom of expression should not be limited to protect an individual's belief
from criticism.
The right to freedom of expression implies that it should be allowed to
scrutinise, openly debate, and criticise, even harshly and unreasonably, belief
systems… as long as this does not amount to advocating hatred.
The Commission argues that the offence of blasphemy should be abolished”
and that democratic societies must not become hostage to the excessive
sensitivities of certain individuals… the level of tolerance of these
individuals who would feel offended by the right to freedom of expression should
be raised. A democracy must not fear debate, even on the most shocking or
anti-democratic ideas… persuasion, as opposed to ban or repression, is the most
democratic means of preserving fundamental values.
