Gary Slapper
Take a trip to New York and see the city from the air
The High Court has ruled that Christian evangelists can't bring a prosecution for blasphemy against Mark Thompson, the head of the BBC, for his decision to air Jerry Springer — the Opera. This was a commendable decision.
The right to say offensive things about other people’s ideas is one of the mainstays of democracy. Why should the law give religious ideas special protection from criticism just because the holders of those ideas say it is a mortal sin to offend them?
Blasphemy is a crime in England, but it has become virtually defunct. The offence is defined as the publication of “contemptuous, reviling, scurrilous or ludicrous matter” relating only to God, Jesus Christ, the bible or the beliefs of the Church of England — it is not blasphemy to attack any religion other than Christianity.
In 1989, the film Visions of Ecstasy, directed by Nigel Wingrove, was banned in Britain for blasphemy because of its depictions of the erotic fantasies of St. Theresa of Avila, a 16th-century Spanish Carmelite nun who asserted that she had ''raptures'' about Christ. On appeal, the European Court of Human Rights ruled that a state can have blasphemy laws because they are justified exceptions to freedom of expression.
For the most part, however, our law has evolved to become tolerant of people critical of Christianity. Prosecutions for blasphemy are extremely rare.
In 2006, Parliament passed the Racial and Religious Hatred Act, which makes it illegal to stir up hatred against people on the basis of their religion, but in section 29J it explicitly permits criticism of any set of religious ideas.
This is a wise law. People can’t change their race or the colour of their skin, so hating them for it is irrational. But your ideas are something that should be open to criticism. No group should be given special protection against being insulted or offended if its ideas are attacked. There’s a world of difference between saying “anyone who believes the earth is flat is being stupid” (an attack on a belief) and “anyone who is English is stupid” (an attack on people).
The new offence of stirring up hatred against people on religious grounds covers words, behaviour and written and broadcast material; to be an offence, that material must be threatening and intended to stir up religious hatred. The victims must be defined by their religious belief or lack of it (though the Act doesn't state what, exactly, constitutes a religion or religious belief: that is left to the courts to determine.)
After a lively Parliamentary debate, section 29J was inserted into the 2006 Act in an attempt to protect fee speech. It states that nothing in the Act should be interpreted in any way that would restrict debate or prevent criticism of particular religious beliefs.
Imagine the consequences if that section hadn’t been inserted. A religion that, for instance, condoned incest or forbade children from learning science would be able to preach such practices with impunity. Anyone trying to speak against it would be punished for insulting the believers.
We must allow people to hear all sides of an argument about beliefs so that they can make up their own minds. How good can a set of ideas be if the only way its believers can keep them alive is to ensure that it is illegal to criticise them? As the American judge Oliver Wendell Holmes, speaking about conflicting ideas in a case in 1916, said: “The best test of truth is the power of the thought to get itself accepted in the competition of the market”.
Those who say want to punish others for criticising their ideas clearly can’t, deep down, have much faith in the merits of their ideas.
Professor Gary Slapper is Director of the Centre for Law at The Open University

Professor Gary Slapper is the Director of the Centre for Law at the Open University. He writes a weekly column for Times Online, The Law Explored, elucidating the complexities of British law
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"...âanyone who is English is stupidâ (an attack on people)..."
No, that's an attack on a nationality. To say "all white people are stupid" would be an attack on a people, but people can change their nationality the same way they can change their religion or their political allegiance. Don't conflate or confuse the two.
Kimpatsu, Tokyo, Japan
Not only is freedom of speech being threatened by this government. Our access to information is being controlled. We were told that there was a major battle being fought in Afganistan on Friday, since then there has been no information. Instead we are being feed nonsense about a man who disappeared.
What is happening? Why aren't we being kept informed? People are giving their lives and the British public are not being told the whole story
S Richardosn, Emsworth,
If anyone thinks that it would be utterly impossible for anyone to ever find anything to say about them or their value systems that would not enrage at least a few people, they must suffer from a severe lack of imagination or have lived a very sheltered life or both. The real world requires a bit of respect for peoples sensibilities. Otherwise,for example, there might be just a few butchers shops in London selling horse or dog meat.
Alasdair Lamont, Bradford, England
This is all well and good. The article and the overall support it is getting seems all well and good, but what happens when free speech is used for something most would find objectional?
For example; extreme pornography? Such things convey ideas that most people may find abhorrent, but there is no credible evidence that they cause harm. So would you defend the right to say anything, given that it causes no harm, no matter how much you may personally dislike it?
Or are the 'censors' right, should there be limits to such basic freedoms? If so who is to decide what those limits are and why?
My own opinion is that any attack on free speech is an attack on ideas and that is unacceptable. As long as you do not directly incite harm or harm others in the creation of your message, then no matter how much I may despise what you say, I will defend your right to say it.
SteveMD, Salford,
Will Mr Slapper please give the legal definition of hatred in the context of the legislation?
It seems to me that the word is too loosely used in that if one disagrees or even despises a belief or lifestyle choice one is accused of "hatred" when the opinion is simply disagreement. Does not hatred impy a desire or incitement to physically harm?
The word "offence" is properly narrowly defined as a legal wrong, i.e., against the law - and not simply that someone's feelings are hurt which is how offence is currently being misused.
Statements of truth must not be treated as offensive or as hatred or as a phobia [irrational fear] no matter how much such truth may be painful for someone/group to hear.
The current failure in the media to precisely define and use words correctly is the primary cause of the current ability of some individuals, faith groups, etc., to wrongly bully and intimidate others. The Times used to have a glossary attached to the website. Bring it back!
Smith, Kent,
thank god for someone out there that,at last is airing opinions that a lot of us have been thinking for a very long time - -it is the religious braindead that throughout history - -including today - -that have caused such misery in a world ,where for any happiness to exist ,needs us all to pull together--religion -is an escape (from having to think)-not an answer.
john radford, lincoln, uk
It is plain to see in this and many other such debates that the British public is now both wise to the inequality with which they are governed when compared to minorities but also that they are now becoming very angry about the situation.
You can only prod a sleeping Lion for so long and get away with it.
i only hope that our vile politicians are first to feel our rage..
Geoff M, London, England
Ban religion, that way we can save the planet by reducing all this hot air.
Evan Owen, Harlech, Gwynedd
FREE SPEECH trumps religious/mythology-based dogma. Three cheers!!!
HOWEVER the big test is yet to come...ISLAM
Let's see if the courts/authorities (West Midlands Police, CPS, PC storm troopers etc.) will stand
as stalwart in defence of free speech when ISLAM is the target of satire.
Jennifer Daly, West Hampstead, NW6,
A wise law? Britain must be Mars...
As a white, Roman Catholic American, I find the banning of any kind of speech, short of a physical threat or the proverbial "fire in a crowded theater", very distressing. If someone wishes to hurl racial epithets at me or say my country should be bombed, call me a Papist monkey or whatever comes to mind; I would not like it, but i would not dream of banning it. Do you think that Britain is a more enlightened place now that people must mask their prejudices? I don't think so. Idiocy is like mold, the more you allow it into the daylight, the quicker it seems to shrivel up and die.
Gerald Joyce, Chicago, USA
The fact is that criticising Christianity does not get
your throat cut. Criticizing Islam does. Is Islam
a special exception to the rule of free speech?
Mellon, London,
of course in a 'free' country freedom of speech should be guaranteed and any one should be able to pass comment on any subject, providing the faith that your vilifying is christanity to the exclusion of all others, if not sit back and wait the the police arrive.
stephen baron, leith, tasmania
As I understand it, the High Court refused the protect the Christians because there was no danger that Christians would riot.
We're not talking about free speech. We're talking about whether a minority unpopular with the establishment may be freely insulted and demonised, while other groups enjoy protection from any negative comment whatever.
In the age of PC and 'hate legislation', designed specifically to ensure that various things cannot be said, it seems ridiculous to make these general claims for freedom of speech only when insult to the Christians is the issue, and ignore the matter on other occasions.
We should have the freedom to speak that we had 30 years ago. But claiming "it's a free country" when it manifestly is not, as an excuse for a bit of minority-bashing, is wrong.
Roger Pearse, Ipswich,
George Galloway MP has said recently that free speech is not something that should be used freely. He stated that the BNP for example should not be allowed it. However, George used his position to give his support the IRA. Now it would seem that George is against any 'controversial' people getting a voice unless it suits him. You either have free speech in politics or you dont - there are no a la carte choices. Like or hate 'extreme' groups they must have a right to free speech. It is then up to the people of this country to decide if those views are rediculous or sensible.
john, Dumbarton, UK
The mood of the country, and indeed, of almost all the European nations, is you can say nasty things about Christianity but no way you can touch Islam. How ridiculous!
James Wong, Macau,
What about the laws against apostasy, that I understand still exist in some countries? Now that is a serious obstacle to freedom of belief and expression. In some cases this is an offence punishable by death (Sudan, Saudi Arabia, Iran, and, possibly, Afghanistan)
rick, london,
âcontemptuous, reviling, scurrilous or ludicrous matterâ relating only to God, Jesus Christ, the bible or the beliefs of the Church of England "
So where does that leave people who deny Jesus' status as the son of God.
A strict interpretation would mean that all moslems, jews, mormons etc would be guilty. As guilty as a christian teacher naming a teddy bear Mohammed.
Which just goes to show how ridiculous the entire concept of blasphemy is unless we wish to have a world divided strictly along religious lines.
nick, reading,
The show referred to did not make any attempt to present a particular set of religious views or to genuinely criticise Christianity - it simply set out to mock, revile and denigrate the Christian faith in the hope of making some money for the 'theatre people' involved. Showing it on TV was NOT part of a sensible debate.
The real offense is opened up when Christians preach the truth of the Gospel - that is, if you do not repent of your sins and believe in Jesus Christ you will spend eternity in hell. (Mark 1:15)
Quoting Scripture and preaching true Christianity, as above, is more likely to get the courts interested than foul and disgusting peversions pretending to be a 'faith statement'.
Bishop Dominic Stockford, Teddington, Middlesex
A hypocritical article: the author must know that the CHILL FACTOR now surrounds the race relations industry's successful campaign to get incitement to hatred legislation through. People are now scared of the penumbra of the law, and so the BBC will not commission any programme mocking Islam at all - Mohammed will always be 'the prophet' although few westerners think he is more than a successful warlord.
Why did the Barbican cut Marlowe's play to avoid comment on Mohammedanism? Fear, the chill factor.
Mr Slapper - was this a disingenuous article, or do you need to get a little more?
You have sold the pass on what you purport to uphold. Classic political correctness.
Jed, Oxford, UK
But there is now NOT a free market - the state and politically correct lawyers have distorted it fiercely. It's OK to do a Life of Brian - a life of Mohammed? Do us a favour. The whole point of combining race and religion in this legislation was to stop free criticism of Islam, that was the campaign behind it.
Aya, Dalston, UK
I must just point out to Professor Slapper that the word "evangelist" refers to "someone who seeks to evangelize". What I am sure he meant in his opening sentence is an "evangelical", which refers to "someone who holds a particular set of theological views".
It is a common mistake.
Revd John Richardson, Elsenham, UK