Ireland is due to vote in a referendum next Friday on repealing blasphemy as an offence. Has anyone any thoughts on this?
While the Irish Constitution as it stands states in Article 40.6.1° that blasphemy is illegal , it does not define blasphemy.
https://www.taoiseach.gov.ie/eng/Hi.../February_2015_-_Constitution_of_Ireland_.pdf
However Irish Law clearly defines blasphemy as:
"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."
Defamation Act 2009, Section 36
Two things to note are that blasphemy relates to any religion and that intent to cause outrage needs to be proven. But 'intent' seems to me to be very subjective and leads me to believe that regardless of any actual intent, perceived intent may well be enough to prosecute.
My leaning is towards repeal on this one. What do others think?
While the Irish Constitution as it stands states in Article 40.6.1° that blasphemy is illegal , it does not define blasphemy.
https://www.taoiseach.gov.ie/eng/Hi.../February_2015_-_Constitution_of_Ireland_.pdf
However Irish Law clearly defines blasphemy as:
"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."
Defamation Act 2009, Section 36
Two things to note are that blasphemy relates to any religion and that intent to cause outrage needs to be proven. But 'intent' seems to me to be very subjective and leads me to believe that regardless of any actual intent, perceived intent may well be enough to prosecute.
My leaning is towards repeal on this one. What do others think?
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