Gavin Howe
Blasphemy laws in the UK have been a topic of contention for many years, with secular and religious groups campaigning for their abolition. The common law offences of blasphemy and blasphemous libel were formally abolished in England and Wales in 2008 through the Criminal Justice and Immigration Act. This followed centuries of persecution and enforcement of these laws, with the last person executed for blasphemy in Britain being Thomas Aikenhead in 1697. Scotland followed suit in 2024, leaving Northern Ireland as the only remaining country within the union with blasphemy laws still in place. These laws are considered a violation of human rights and free speech, and international efforts are underway to oppose blasphemy laws through campaigns such as Humanists International's End Blasphemy Laws coalition.
| Characteristics | Values |
|---|---|
| Year abolished in England and Wales | 2008 |
| Month and date abolished in England and Wales | May 8, 2008 |
| Act abolishing blasphemy laws in England and Wales | Criminal Justice and Immigration Act 2008 |
| Year abolished in Scotland | 2024 |
| Year blasphemy laws abolished in Scotland were passed | 2021 |
| Year blasphemy laws were abolished in Scotland took effect | 2024 |
| Country in the UK where blasphemy laws are still in place | Northern Ireland |
Explore related products
What You'll Learn
Blasphemy and blasphemous libel abolished in England and Wales in 2008
The common law offences of blasphemy and blasphemous libel were abolished in England and Wales in 2008. The Criminal Justice and Immigration Act 2008, which came into effect on 8 July 2008, abolished these laws. This followed a long history of campaigning by secular and religious groups, including Humanists UK, members of the All-Party Parliamentary Humanist Group, and the National Secular Society, who had been advocating for the abolition of blasphemy laws for over a century.
The blasphemy laws in England and Wales had historically protected only Christianity, specifically the established Church of England, and prosecutions were brought against those who denied Christian doctrine or mocked religious beliefs. The laws fell into disuse but were shown to still be enforceable in the 1977 case of Whitehouse v. Lemon, which involved a poem that graphically sexualized the character of Jesus Christ. This case led to renewed calls for the abolition of blasphemy laws, with critics arguing that they were anachronistic and incompatible with modern human rights principles.
The campaign to abolish blasphemy laws gained support from various high-profile figures, including authors, comedians, and professors, who signed a letter to The Daily Telegraph in 2008. Despite opposition from some religious groups and individuals, the House of Lords ultimately accepted the amendment to the Criminal Justice and Immigration Bill, abolishing the common law of blasphemy and blasphemous libel in England and Wales.
While England and Wales have abolished blasphemy laws, Northern Ireland and Scotland had retained them until more recent years. Scotland repealed its blasphemy laws in 2021, and Northern Ireland is currently the only country within the United Kingdom that still maintains blasphemy and blasphemous libel provisions. However, campaigning efforts by Humanists UK and Northern Ireland Humanists have led to indications of support for repeal from ministers responsible for the relevant laws.
Dwarfism in India: A Legal Disability?
You may want to see also
Explore related products
Scotland abolished blasphemy laws in 2024
The abolition of blasphemy laws in Scotland followed a campaign by Humanist Society Scotland and Humanists UK. The Scottish Government published a new bill in 2020 that sought to reform hate crime legislation and provide better protection against religious discrimination, while also decriminalizing blasphemy. The Hate Crime and Public Order (Scotland) Act 2021 received royal assent on April 23, 2021, and abolished the common law offence of blasphemy from April 1, 2024.
The blasphemy law in Scotland had not been used in a prosecution since 1843, when a bookseller named Thomas Paterson was imprisoned for 15 months. However, the law had fallen into disuse and was considered an anachronism, with many arguing for its abolition. The last person executed for blasphemy in Scotland was Thomas Aikenhead in 1697, who was prosecuted for joking about the Christian faith and challenging the authenticity of Biblical miracles.
The abolition of blasphemy laws in Scotland brought the country in line with England and Wales, which had abolished blasphemy offences in 2008. However, blasphemy laws remain in force in Northern Ireland, where they are considered applicable under the Human Rights Act.
Sedition Law: India's Necessary Evil?
You may want to see also
Explore related products
Northern Ireland is the only UK country with blasphemy laws
Blasphemy laws in the UK have been a topic of debate and controversy for many years. While England and Wales, and Scotland have abolished blasphemy laws, Northern Ireland is the only country within the United Kingdom that still maintains these laws.
In England and Wales, the common law offences of blasphemy and blasphemous libel were abolished by the Criminal Justice and Immigration Act of 2008, which came into effect on July 8, 2008. This followed a long history of campaigning by secular and religious groups, including Humanists UK, who argued that blasphemy laws were anachronistic and incompatible with modern human rights principles. The last person imprisoned for blasphemy in England was John William Gott in 1921.
Scotland followed suit and passed a law to repeal its blasphemy laws in 2021, with the changes taking effect in 2024. This was also the result of campaigning by Humanist Society Scotland and Humanists UK, who raised concerns that the new hate crime law might criminalise subjectively offensive words towards religions. The last reported prosecution for blasphemy in Scotland was in 1843.
However, Northern Ireland continues to have blasphemy laws on its books. These laws are considered a violation of the right to freedom of speech and expression and are used to harass and discriminate against religious minorities. Humanists UK and Northern Ireland Humanists have been campaigning for the repeal of these laws, and ministers responsible for the relevant laws have indicated their support for repeal. It is unclear whether there could be a prosecution under the current laws in Northern Ireland, as some argue that the Human Rights Act effectively makes these laws inapplicable. Nonetheless, Northern Ireland remains the only country in the UK with blasphemy laws, making it an outlier in terms of legal protections for freedom of speech and religious expression.
While there have been assurances from the UK government that there are no plans to reintroduce blasphemy laws, Northern Ireland's continued maintenance of these laws highlights the ongoing tension between protecting religious sensibilities and guaranteeing freedom of expression.
Understanding Recall Petitions in Indian Law
You may want to see also
Explore related products
Blasphemy laws violate freedom of speech and expression
Blasphemy laws, which are still enforced in 79 countries worldwide, are incompatible with freedom of speech and expression. These laws may forbid the vilification of religion and religious groups, defamation of religion and its practitioners, denigration of religion and its followers, offending religious feelings, or contempt of religion.
In the UK, the common law offences of blasphemy and blasphemous libel were abolished in England and Wales in 2008, in Scotland in 2024, but they remain in Northern Ireland. Historically, blasphemy laws in England and Wales protected only Christianity, particularly the established Church of England, with prosecutions targeting those who denied Christian doctrine or mocked religious beliefs. The last person executed for blasphemy in Britain was Thomas Aikenhead in 1697, and the last person imprisoned for blasphemy was John William Gott in 1921.
The laws remained largely dormant until the landmark 1977 case of Whitehouse v Lemon, which demonstrated they were still enforceable. The case involved the publication of a poem, "The Love That Dares to Speak Its Name" by James Kirkup, which graphically sexualized the character of Jesus Christ. The editor of the magazine Gay News, which first published the poem in 1976, was convicted and given a suspended prison sentence. This case proved that blasphemy laws violate freedom of speech and expression, as they restrict the ability to express opinions and ideas that may contradict prevailing religious orthodoxies.
In the United States, there is also a long history of blasphemy laws, with a notable case in 1968, where Irving West, a 20-year-old veteran, was charged with violating Maryland's blasphemy law after telling a policeman, "Get your goddam hands off me." West appealed, and a circuit court judge ruled that the law was an unconstitutional violation of the First Amendment, which guarantees freedom of speech and religion. Similarly, in 1977, a Pennsylvania statute banning businesses from having blasphemous names was deemed unconstitutional by the state's Supreme Court in 2010.
In other countries, blasphemy laws continue to be enforced, often resulting in harsh punishments. For example, in Poland, pop singer Dorota "Doda" Rabczewska was fined 5,000 złotych in 2012 for saying in an interview that the Bible was written by people "drunk on wine and smoking some kind of herbs." In Sudan, the editor-in-chief of a daily newspaper, Al-Wifaq, was charged with blasphemy and fined eight million Sudanese pounds after publishing an article about a 500-year-old Islamic manuscript. While he was acquitted, he was found decapitated in 2006. In Thailand, blasphemy is punishable by up to three years in prison, and foreigners are warned against actions such as damaging or taking photos of Buddha statues.
Blasphemy laws are often used to silence dissent and persecute minorities, as seen in Pakistan, where blasphemy charges have been brought against members of the Hindu minority. Additionally, they can lead to attacks on free speech and the suppression of artistic expression, as seen in the case of Italian comedian Sabina Guzzanti, who faced criminal investigation and a potential five-year prison sentence for joking that Pope Benedict XVI would go to hell. Therefore, the abolition of blasphemy laws is essential to protecting freedom of speech and expression, ensuring that individuals are free to express their opinions and ideas without fear of legal repercussions.
Due Diligence: A Legal Requirement in the UK
You may want to see also
Explore related products
Campaigns to abolish blasphemy laws
The blasphemy laws in the UK have been a subject of debate and controversy for a long time. The laws, which were originally part of canon law, made it an offence to offend Christianity and the Church of England. While the death penalty for blasphemy was abolished in 1677, the laws remained largely dormant until the 1977 case of Whitehouse v. Lemon, which demonstrated that they were still enforceable. This case involved the publication of a poem, "The Love That Dares to Speak Its Name" by James Kirkup, which graphically sexualized the character of Jesus Christ. The editor of the magazine that published the poem was convicted and given a suspended prison sentence.
In 1985, the Law Commission recommended the abolition of blasphemy offences, citing their anachronistic nature and incompatibility with modern human rights principles. This was further stimulated by the Rushdie case in 1989, where a number of Muslims considered his book to blaspheme against Islam, and the Iranian clerical leader Ayatollah Khomeini issued a fatwa calling for Rushdie's death. Despite much discussion, the law was not amended.
Following extensive campaigning by secular and religious groups, including Humanists UK and members of the All-Party Parliamentary Humanist Group, the blasphemy laws in England and Wales were formally abolished in 2008 through the Criminal Justice and Immigration Act. This came into effect on July 8, 2008, with the backing of Prime Minister Gordon Brown. However, the changes only applied to England and Wales, and the laws in Scotland and Northern Ireland remained on statute.
In March 2021, the Scottish Parliament passed the Hate Crimes and Public Order (Scotland) Act, which included the repeal of Scotland's common law offence of blasphemy. This change took effect in 2024, following a campaign led by Humanist Society Scotland and Humanists UK. Northern Ireland remains the only country within the union that still maintains blasphemy and blasphemous libel provisions. However, due to the Human Rights Act (1998), these laws may be considered inapplicable as they conflict with the right to freedom of expression. Campaigns led by Northern Ireland Humanists, a part of Humanists UK, are actively working towards the abolition of blasphemy laws in Northern Ireland.
Hire Purchase: Understanding Indian Law
You may want to see also
Frequently asked questions
The common law offences of blasphemy and blasphemous libel were abolished in England and Wales in May 2008.
Scotland passed a law to repeal its blasphemy laws in 2021, which came into effect in 2024.
Yes, blasphemy laws remain in force in Northern Ireland.
No, the UK government has stated that it has no plans to reintroduce laws criminalising blasphemy or restricting freedom of expression around religion.
