Democracy cannot exist without the right to free speech.
Free speech should be robustly defended as a fundamental freedom.
The National Secular Society has defended free speech from religious threats since our founding. We played an instrumental role in abolishing "blasphemy" laws in Britain, but serious concerns remain. Blasphemy laws still exist in Northern Ireland. And throughout the UK, religious fundamentalists seek to impose their blasphemy taboos on others through violence and intimidation.
There are also increasing attempts to categorise offending religious sensibilities as 'hate speech', making criticism, mockery or perceived 'insult' of religion a criminal act akin to racial hatred or inciting violence – in other words, a 'blasphemy law by the back door'.
Without free speech no search for truth is possible; without free speech no discovery of truth is useful; without free speech progress is checked… Better a thousand fold abuse of free speech than denial of free speech.
We are further concerned by a developing 'culture of offence' in which any speech or action deemed likely to offend religious sensibilities is considered taboo. Enforced by a toxic mix of terrorism and religious deference, this is chilling free speech through self-censorship.
We also campaign against blasphemy laws around the world, where they continue to be used to target religious and political minorities. These are sometimes described by UK politicians as 'misuse' of blasphemy laws, but we contend there are never any legitimate uses for blasphemy laws.
Being offended from time to time is the price we all pay for living in a free society. Rather than trying to silence those we disagree with, we believe the answer to speech we don't like is more speech – better speech.
We therefore campaign to protect and preserve freedom of expression, including offensive, critical and shocking speech.
What you can do
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2. Join us
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Latest updates
NSS urges repeal of Northern Ireland blasphemy laws
Posted: Wed, 17 Mar 2021 11:19
The National Secular Society has called on the Northern Ireland executive to repeal its "archaic" blasphemy laws.
In a letter to NI's justice minister, Naomi Long, the NSS said it was a matter of "deep shame" that blasphemy and blasphemous libel continue to be offences under Northern Ireland's common law and called for their repeal to "uphold freedom of expression".
The letter follows Scotland's landmark abolition of its blasphemy laws on Thursday as part of its Hate Crime and Public Order Bill. Northern Ireland remains the only nation in the UK with blasphemy laws on its statute books.
An independent review of hate crime legislation in Northern Ireland, completed in 2020, made no mention of repealing blasphemy laws.
"Unacceptable in the 21st century"
In the letter, the NSS said blasphemy laws are "illiberal, anachronistic and incompatible" with rights to freedom of expression and freedom of religion or belief.
It said England, Wales and Scotland abolished their blasphemy laws "largely in recognition of the human rights abuses they cause throughout the world."
It also said Northern Ireland's blasphemy laws carry the risk that they may be "invoked to silence criticism or ridicule of religion".
NSS chief executive Stephen Evans said: "The presence of blasphemy laws in Northern Ireland undermines efforts to repeal blasphemy laws worldwide."
"Until all blasphemy laws across the UK are repealed, we are hamstrung in our efforts to speak out against blasphemy laws in other countries.
"Abolishing its obsolete blasphemy laws would send a message that Northern Ireland is a modern rights respecting nation committed to the values of free speech, tolerance, democracy and freedom of conscience.
"It would also send a message to other countries that employ blasphemy laws that such laws are unacceptable in the 21st century, and so help to end global persecution in the name of religion."
Notes:
- Blasphemy laws were abolished in England and Wales in 2008. The NSS played a significant role in lobbying for their abolition. Blasphemy laws were also repealed in the Republic of Ireland in 2020 following a referendum.
- In 2014 Newtownabbey Borough Council banned a play about the Bible on the grounds that it was "blasphemous".
- According to the End Blasphemy Laws campaign, blasphemy laws exist in 75 countries and carry the death penalty in eight.
Hate crime bill passes and blasphemy law abolished in Scotland
Posted: Thu, 11 Mar 2021 19:00
Scotland's hate crime bill, which will introduce a new offence of 'stirring up hatred' on religious grounds while also abolishing the blasphemy law, has passed its final parliamentary vote.
The bill will introduce several offences of 'stirring up hatred' in Scotland, including on the grounds of religion.
Scots could be subject to prosecution if their behaviour is deemed "threatening or abusive" and intended to stir up hatred.
The National Secular Society has warned that these offences will have a "chilling effect" on freedom of expression.
But the NSS, which played a major part in efforts to defend free speech throughout the parliamentary process, has said several significant amendments will "go a long way towards" protecting free speech on religion.
The NSS has also welcomed the abolition of the blasphemy law within the bill.
NSS lobbying and relevant amendments
The NSS lobbied the Scottish government and MSPs throughout the drafting of the bill, and played a major part in securing several major amendments.
One amendment, which was accepted during this week's proceedings, will say behaviour is not to be taken as "threatening or abusive" solely because it involves expressions of "antipathy, dislike, ridicule or insult towards" religion.
Another will require behaviour to pass a "reasonable person" test if it is to be judged "abusive".
Another will ensure that the prosecution has to demonstrate intent to secure a conviction. The bill as originally drafted would have also enabled convictions where hatred was "likely" to be stirred up.
But the threshold for prosecution for 'stirring up hatred' on religious grounds remains lower than the threshold for similar offences in England and Wales, under the Racial and Religious Hatred Act.
The right to offend, shock or disturb
During the final stage an amendment was also accepted to put on the face of the bill that courts must have particular regard to the right to freedom of expression, including the right to offend, shock or disturb.
NSS briefings during the passage of the bill have reminded MSPs that Article 10 of the European Convention on Human Rights protects not only expressions that are inoffensive but also those that may shock, offend or disturb.
The NSS also argued this should be reflected in free speech protections in the bill.
NSS comment
NSS chief executive Stephen Evans said: "We're relieved that our lobbying, and that of others concerned about free speech, has mitigated some of the more egregious aspects of this bill. Hard-won amendments will go a long way toward protecting freedom of speech on religion.
"And the repeal of Scotland's official blasphemy law within this legislation is welcome. Such laws are incompatible with democratic principles and should be repealed wherever they exist.
"But we remain concerned that the 'stirring up hatred' offences in this bill will have a chilling effect on freedom of expression in Scotland.
"These offences risk encouraging vexatious complaints, creating unnecessary bureaucracy and making ordinary Scots less willing to engage in public debate."
Notes
- The NSS has been part of the Free to Disagree campaign, which has worked to protect freedom of expression as the bill has passed through parliament.
- The NSS has long called for the repeal of Scotland's blasphemy laws. It successfully lobbied for the abolition of the offence of blasphemy in England and Wales, which was repealed in 2008.
Image: The debating chamber of the Scottish parliament, via Flickr, © SteampunkPharaoh [CC BY-NC-SA 2.0]
