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Criminalising defamation of religion and belief
van Noorloos,L.A.
van Noorloos,L.A.
Abstract
This article deals with the role of criminal law in dealing with defamatory expressions about religion or belief. Defamation of religion and belief is a form of indirect defamation ‘via identification’ which, as the discussion about the Dutch group defamation law shows, stretches up the notion of ‘group defamation’ — a crime which requires that (groups of) persons are insulted because they belong to a religious group. This contribution investigates whether European states can legitimately criminalise (certain forms of) defamation of religion and belief, in light of the European Convention on Human Rights, the United Nations framework (particularly the International Covenant on Civil and Political Rights) and legal theoretical considerations. The article shows how problematic it is for the criminal law — in light of the rights to freedom of expression and freedom of religion, as well as the ultima ratio principle — to combat such speech.
Description
Date
2014-10
Journal Title
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Volume Title
Publisher
Research Projects
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Journal Issue
Keywords
freedom of religion, ECHR, blasphemy, ICCPR, freedom of expression, criminalisation, SDG 16 - Peace, Justice and Strong Institutions
Citation
van Noorloos, L A 2014, 'Criminalising defamation of religion and belief', European Journal of Crime, Criminal Law and Criminal Justice, vol. 22, no. 4, pp. 351-375. https://doi.org/10.1163/15718174-22042054
License
info:eu-repo/semantics/openAccess