Thursday, September 14, 2006

Danish blasphemy laws.

An argument hat has been reiterated numerous times is that Denmark has a double standard, because its blasphemy laws protect exclusively Christianity, but not Islam. Others allege that free speech in Denmark is absolute, and there is are no provision to protect religions or minorities from mockery and discrimination.

Both arguments are not true. Under Danish law everybody has the right to publish freely, but he can be hold responsible for it in a court of law. There are two provisions that might be applied to the case of the Danish cartoons. One prohibits mockery of lawful religious communities (this includes Islam) in public, and the other prohibits hate speech against religious, ethnic, or sexual minorities. The director of prosecutors decided that the cartoons do not violate these provisions, mostly because they either don't mock at all, don't mock a religion, don't discriminate at all, or don't discriminate a minority. They ridicule, if at all, a political movement.

If you want to read the decision of the director of prosecutions yourself, it is posted in an FAQ on the cartoon crisis on the site of the Danish ministry of foreign affairs. It is a good and accessible read, and describes the context and content of the cartoons.

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