OSCE media freedom representative welcomes Irish draft law decriminalizing libel, asks to drop 'blasphemous libel'

VIENNA, 19 May 2009 - The OSCE Representative on Freedom of the Media, Miklos Haraszti, welcomed today the Irish Parliament's final preparations to decriminalize defamation, but warned that the proposal to introduce a new article on 'blasphemous libel' risked jeopardizing OSCE media freedom commitments.

"Ireland is in the vanguard of 21st century media freedoms as it prepares to officially make defamation a mere civil offence. It would therefore be unfortunate to introduce at the same time a new crime of 'blasphemous libel'," Haraszti said.

The proposed new section of the Defamation Bill, which was introduced at a late stage of the legislative process, would punish intentionally blasphemous publications or utterances with a fine of up to 100,000 euros. It would replace an older blasphemy law.

In a letter sent to the Justice Minister as well as to the Speaker of the Dáil and the Chairman of the Seanad, the two houses of Parliament, Haraszti asked the relevant Select Committee - which is scheduled to open the final stages of discussion on the Defamation Bill tomorrow - to pass the Bill without the blasphemy provision.

"I am aware that the new article is meant to bring the law into line with a constitutional provision dating from 1937," said Haraszti. "Nonetheless, it violates OSCE media freedom commitments and other international standards upholding the right to freely discuss issues of religion."

He added: "It is clear that the government's gesture of passing a new version of the 'blasphemy article', even if milder than the dormant old version, might incite new court cases and thereby exercise a chilling effect on freedom of expression."

"By passing a renewed blasphemy provision, Ireland would defy the international trend that has led to the abolition of that crime in a number of countries. It also could hamper progress towards greater freedom of speech in other OSCE participating States."

"I therefore ask the Irish Government to pass the very welcome bill on de-criminalizing defamation, but without the provision on blasphemous libel. Any legal difficulties related to the blasphemy issue can be dealt with as and when they arise," he said.