Criminalising defamation of religion and belief

L.A. van Noorloos

Research output: Contribution to journal › Article › Scientific › peer-review

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.
Original languageEnglish
Pages (from-to)351-375
Number of pages25
JournalEuropean Journal of Crime, Criminal Law and Criminal Justice
Volume22
Issue number4
Publication statusPublished - Oct 2014

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Religion
criminal law
religious freedom
ECHR
Group
political right
religious group
civil rights
UNO
offense
human being
Law

Keywords

  • freedom of religion
  • ECHR
  • blasphemy
  • ICCPR
  • freedom of expression
  • criminalisation

Cite this

van Noorloos, L.A. / Criminalising defamation of religion and belief. In: European Journal of Crime, Criminal Law and Criminal Justice. 2014 ; Vol. 22, No. 4. pp. 351-375.
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van Noorloos, LA 2014, 'Criminalising defamation of religion and belief', European Journal of Crime, Criminal Law and Criminal Justice, vol. 22, no. 4, pp. 351-375.

Criminalising defamation of religion and belief. / van Noorloos, L.A.

In: European Journal of Crime, Criminal Law and Criminal Justice, Vol. 22, No. 4, 10.2014, p. 351-375.

Research output: Contribution to journal › Article › Scientific › peer-review

TY - JOUR

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AU - van Noorloos, L.A.

PY - 2014/10

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N2 - 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.

AB - 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.

KW - freedom of religion

KW - ECHR

KW - blasphemy

KW - ICCPR

KW - freedom of expression

KW - criminalisation

M3 - Article

VL - 22

SP - 351

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JO - European Journal of Crime, Criminal Law and Criminal Justice

JF - European Journal of Crime, Criminal Law and Criminal Justice

SN - 0928-9569

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van Noorloos LA. Criminalising defamation of religion and belief. European Journal of Crime, Criminal Law and Criminal Justice. 2014 Oct;22(4):351-375.

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