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.
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Latest updates
NSS welcomes repeal of Offensive Behaviour at Football Act
Posted: Tue, 20 Mar 2018 15:26
The National Secular Society has welcomed the repeal of a Scottish law which restricted football fans' freedom of expression on religion in an attempt to tackle sectarianism.
MSPs voted to abolish the Offensive Behaviour at Football Act last week, defeating the Scottish government by 62 votes to 60. All four opposition parties backed the repeal.
The act, which will be taken off the statute book next month, criminalises those "expressing hatred of, or stirring up hatred against, a group of persons based on their membership (or presumed membership)" of a real or perceived religious group, if their behaviour is or would be "likely to incite public disorder".
It also makes it an offence to engage in "behaviour that is motivated (wholly or partly) by hatred" of those groups and others; "behaviour that is threatening"; or "other behaviour that a reasonable person would be likely to consider offensive" if the behaviour is or would be likely to incite disorder.
It applies at football matches involving Scottish national and club teams and covers behaviour among those travelling to and from the games.
When it was introduced in 2011 a minister told MSPs the clampdown could apply to Rangers fans who sang the national anthem or Celtic fans who made a sign of the cross, if the intention was to provoke other religious groups or opponents.
The then-majority SNP government said the act was designed to crack down on sectarianism. It became law in 2012.
The NSS cautioned against bringing in the legislation at the time, warning Scotland's Justice Committee that the proposed new law was "ill-considered" and posed a threat to freedom of expression.
In response to the act's withdrawal an NSS spokesperson said it was "sensible to repeal this vague piece of legislation".
"Restricting the free speech of those who attend football matches was an unjustifiable box-ticking measure which was never likely to work.
"The Scottish government should go back to the drawing board and consider measures which could genuinely help to tackle sectarian bigotry. It could start by rolling back religious influence in schools, which encourages young people in Scotland to see themselves as members of religious groups and to reject outsiders."
Labour MSP James Kelly, who led efforts the overturn the law, said he was "delighted" to see the end of "the worst piece of legislation in Scottish parliament history". He called the act "illiberal" and a "legislative disaster".
"The law was a simplistic attempt to solve a complex problem. Sectarianism is a problem in Scotland that goes back generations. It can't be solved in 90 minutes on a Saturday. The way to fix it is in classrooms and community groups."
Liam McArthur, a Liberal Democrat MSP, criticised the Scottish government's claims that repeal would leave a gap in the law. He said all offences in the "discredited" football act were "fully covered" by existing law.
In 2016-17 police reported 377 charges to prosecutors under the section of the legislation which outlaws 'offensive behaviour' at football. There were six charges made under part of the legislation which dealt with threatening communications.
The Fans Against Criminalisation group, which campaigned for repeal, called the move "a historic victory for football fans".
The Scottish government expressed disappointment at the decision. Community safety minister Annabelle Ewing said the act should be "strengthened and improved" rather than repealed.
Image: Celtic and Rangers fans at Celtic Park, via Wikimedia Commons, author: Stanmar [CC BY-SA 3.0, Unported]
NSS calls on Scottish government to repeal blasphemy laws
Posted: Tue, 20 Mar 2018 11:54
The National Secular Society has called on the Scottish government to repeal its blasphemy laws after it emerged that the Scottish National Party's governing body is to consider the measure.
This weekend the Sunday Herald reported that the SNP's National Council would debate a motion put forward by the party's Leith branch to remove the blasphemy laws this week.
The motion calls for "the abolition of the archaic common law crimes of blasphemy, heresy and profanity to the extent that they remain law in Scotland" and says the measure is "long overdue".
It says blasphemy laws are used in much of the world to "criminalise freedom of belief and expression". It adds that repealing them would "strengthen Scotland's capacity to speak out against human rights abuses under the guise of blasphemy and heresy elsewhere in the world, as well as removing once and for all the possibility that the Crown Office and Procurator Fiscal service could prosecute on such grounds here".
The SNP National Council serves as the party's governing body between national conferences. Its decisions become party policy unless they are overturned by conferences. The SNP currently governs in a minority administration in the Scottish parliament, with the support of the Green party.
Alistair McBay, the NSS's spokesperson in Scotland, welcomed the motion and said the issue was "remarkably straightforward".
"Scotland's blasphemy laws are ridiculous relics. Their continued existence leaves open the possibility that religious reactionaries could use the law to silence others' democratic right to express their views freely.
"They also undermine solidarity with freethinkers and religious dissidents around the world. If politicians are to defend those persecuted for their beliefs when they interact with their counterparts abroad, they must present a consistent, principled stance. That means they must take on the religious lobby at home."
The NSS played an instrumental role in the removal of the blasphemy law from the statute books in England and Wales in 2008. The NSS continues to campaign against blasphemy laws and de facto blasphemy codes.
Blasphemy has been a crime in Scotland since 1690. It was technically punishable by death in Scotland until 1825. In 1697 Thomas Aikenhead, a 20-year-old medical student from Edinburgh, was executed for the 'offence' after comments he made in a casual conversation were overheard.
The laws were last explicitly used in 1843, when Edinburgh bookseller Thomas Paterson was imprisoned for selling 'blasphemous' literature.
Last year a report from the US government found laws restricting freedom of expression on religious issues in 71 countries. The 2017 Freedom of Thought Report, from the International Humanist and Ethical Union, said free thought on religion was in "a pattern of regression on a global scale" and 85 countries 'severely' discriminated against non-religious individuals.
On Monday New Zealand's government introduced legislation to repeal the country's blasphemy laws. Blasphemous libel is listed in New Zealand's Crimes Act, where a punishment of up to a year in prison is outlined. The offence has not been prosecuted since 1922, when it was unsuccessful.
Last year the NSS also called for the repeal of Ireland's blasphemy law after Irish police opened an investigation into Stephen Fry over comments he made criticising God in an interview.
Meanwhile the NSS has welcomed the decision by MSPs to repeal Scotland's Offensive Behaviour at Football Act. The NSS cautioned against the introduction of the legislation in 2011, warning Scotland's Justice Committee that the proposed new law was "ill-considered" and posed a threat to freedom of expression.
MSPs voted to abolish the law last week, defeating the Scottish government by 62 votes to 60. All four opposition parties backed the repeal.
