January 2, 2010

Ireland bans victimless crimes

While Ireland's new blasphemy provisions "have no bearing on the law of defamation or its practice," according to the Irish Times's solicitor, who approves of the Defamation Act's heightened protections of (responsible) speech and of the press, the blasphemy provisions, reasoned a Trinity College fellow, are unconstitutional.

Nevertheless, they are today the law:
Dermot Ahern, Irish Minister for Justice, introducing his blasphemy law at an Oireachtas Justice Committee meeting, 2009, and referring to comments made about him personally: "They are blasphemous." Deputy Pat Rabbitte replied: "Given the Minister's self-image, it could very well be that we are blaspheming," and Minister Ahern replied: "Deputy Rabbitte says that I am close to the baby Jesus, I am so pure." So here we have an Irish Justice Minister joking about himself being blasphemed, at a parliamentary Justice Committee discussing his own blasphemy law, that could make his own jokes illegal.

Micheal Martin, Irish Minister for Foreign Affairs, opposing attempts by Islamic States to make defamation of religion a crime at UN level, 2009: "We believe that the concept of defamation of religion is not consistent with the promotion and protection of human rights. It can be used to justify arbitrary limitations on, or the denial of, freedom of expression. Indeed, Ireland considers that freedom of expression is a key and inherent element in the manifestation of freedom of thought and conscience and as such is complementary to freedom of religion or belief." Just months after Minister Martin made this comment, his colleague Dermot Ahern introduced Ireland’s new blasphemy law.
Björk, Jesus, Mark Twain now liable in Irish penal code

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