Official: Muslims must be handled with care.
Google-translated with minor editing. Original in
Danish.
Criminal Law Council: Repeal of blasphemy law may trigger new cartoon crisis
New Mohammed crises. That's what the Criminal Law Council warns that the consequence of a Danish lifting the ban on blasphemy. The ban is in the Penal Code §140, which provides for a fine or imprisonment for up to four months for "he who publicly insults or defame anything in this country lawfully existing religious community's religious doctrines or worship."
Following a request from the Legal Affairs Committee asked the then Liberal government in January 2011 Criminal Code of the Council to identify the advantages and disadvantages by repealing the clause. The opinion which the Criminal Law Council has delivered on 6 October last year, the government published Thursday.
As a disadvantage by removing blasphemy provision highlights the Criminal Law Council: 'Outside Denmark, where the background to the repeal of the Penal Code § 140 could be simplified and possibly deliberately distorted, there might be a risk that political or religious leaders will be able to disseminate a view on the repeal of the Penal Code §140 as a religion hostile signal and at worst as a hostile signal not only against religion in general, but especially against certain religions. "
One guess probably not much wrong if one imagines that it is Islamist sensitivity of the Criminal Law Council has in mind.
Turmoil at home
Also in Denmark the repeal of the blasphemy ban could lead to unrest in the form of protests against the blasphemous acts, states Criminal Code Council. The Council writes:
"Those who feel offended and therefore disturbing public order, for example by vandalism, violence or threats, of course, in any case could be penalized accordingly. But if the initial public mockery or scorn is punishable under the Penal Code §140, it could act as a deterrent to such mockery or scorn at all takes place, with the consequent risk that people who feel wronged disturbing public order. It will also allow police to intervene early to public mockery or scorn, thereby possibly avert that people who feel wronged in some sort of vigilante vandalism or violence or make threats. "
Criminal Council explains about the police opportunities to avert turmoil that police 'example could arrest the persons who shall such burning, and seize the items that are used for such burning, including copies of the Bible or the Koran, which is about to be burned '.
This leads the Penal Law Council to this conclusion: "If Penal Code §140 is repealed, there will instead be cases where the authorities will not have the same opportunity to take action against a public burning of the Bible or the Koran, or for that matter a public urination or similar behaviour in relation to the Bible, the Koran or other holy scriptures. "
How serious the consequences can be, highlights the Criminal Law Council with the words: "Depending on the circumstances, such public burnings etc. of the Bible or the Koran could give rise to strong reactions - including possibly violent reactions - both in this country and abroad. "
Overlap with racism
Criminal Council emphasizes that part blasphemous statements or actions also will be prohibited by the so-called 'racism paragraph', which prohibits threats, insults or humiliation because of a group of persons 'race, color, national or ethnic origin, religion or sexual orientation.' According to the Criminal Law Council may, however, conceivable cases where this disgrace is not directed against a group of persons, but only against the Holy Scriptures or objects. There the blasphemy ban in §140 plays an independent role.
As arguments to repeal the blasphemy provision the Criminal Law Council states that it will make Denmark better to criticize countries where legal judgments according completely different strict rules on blasphemy. Furthermore, the current clause may give a misleading picture of the state of law in Denmark, when the reality is that there is very rarely prosecuted for blasphemy.
Since 1933 indictments have only been raised three times, the last time in 1971 on the occasion of the DR-TV brought the author Jesper Jensen's song about 'The Eye' - the strict supervisory God. Here the court dismissed it on the grounds that the song was not blasphemous, but just facing a particular form of sexual-denying Christianity.
The government has chosen to put the emphasis on the Criminal Law Council's arguments for keeping the blasphemy provision. Justice Minister Mette Frederiksen (S) declared after the publication of the report:
'The Criminal Law Code Council's review shows that blasphemy provision does not preclude criticism of religions. How it is - and how it should be in a free society. But at the same time The Criminal Law Council points out that if you abolish the provision could emerge public burnings of holy books like the Bible or the Koran, which the authorities will not be able to take action against. I find it hard to see how we get a stronger society, or how it would enrich the public debate, if you made it legal to burn the holy books."
The government's attitude is a retreat from the position of the government coalition party The Radicals ["The Radical Left" - which is neither /Nikolaj), whose former church and equality minister Manu Sareen in a newspaper feature article last year agitated for the repeal of the provision.
"We have become wiser," says the The Radical Left legal spokesman Jeppe Mikkelsen, told the paper.
Allahu akbar!
Here is Danish-Iranian "artist" Firoozeh Bazfrafkan and her Qur'an. But it isn't public as such so it doesn't apply. Because Danish law is coherent. Or not.
To my knowledge blasphemy laws have been repealed in Norway and Sweden.
Topic: Denmark: Government against removing blasphemy law