The UN Declaration itself provides for the possibility of restrictions for the purpose of securing due recognition for the right and the freedom of others and for meeting the just requirements of "morality, public order and the general welfare". What does this mean? Do the limitations have to do only with law and can we include custom and convention in public life and the media?
In this sense the events in Paris which have highlighted the role of satirical magazines like Charlie Hebdo have also obscured the serious discussion which needs to take place about the authenticity of the extremists' claim that they represent "true Islam". Such a discussion needs to take place not only among Muslims but with all those who have to live in Muslim lands or who have Muslims as neighbours, colleagues and fellow-citizens. How is the Koran and the Sunnah to be interpreted and whose interpretation is correct? To what sources are the extremists appealing and can such appeals be countered?
In a free world the founders of all major religions will come under scrutiny: Moses, Muhammad and Jesus are not excluded from such study. What was their message? What were their aims? What kind of people were they? These are legitimate areas for serious discussion. It is a pity that they have been short-circuited, for the time being, by the "tongue in cheek" activities of satirists though, it is to be hoped, not for good.
Should religious believers seek any protection under the law from insult to their precious beliefs? People are protected from false statements being made about them either orally or in print. Article 20 of the International Covenant on Civil and Political Rights (ICCPR) also prohibits advocacy of religious hatred that leads to discrimination, hostility or violence against an individual or community. That is to say, the intention is to protect individuals and communities not articles or systems of belief as such. If a belief is attacked, surely its best defence is a reasoned response rather than violence or legal sanction?
The British in India sought to prevent the propagation of religious hatred as a means of promoting social harmony and maintaining public order. In certain contexts, this may be a legitimate aim but, if it is given legal form, it must be hedged about with safeguards for free expression. To put it another way, freedom of speech must be the presumption and any limitations would need to be justified on a case by case basis.
Any penalties for breaches of such limitations must be commensurate with the offence. One of the problems with laws of apostasy and of blaspheming in some Islamic nations is their draconian nature and lack of flexibility and judicial discretion. It cannot only be Muslims who are thus protected. In the Islamic world, the urgent need is to protect Christians, Yazidis, Baha'is and Ahmadis from the hatred engendered by textbooks, extremist sermons and pamphleteering.
The tragedies in Paris and Copenhagen should lead us to face these and other issues squarely, not to avoid them simply to maintain social cohesion with our societies or friendly relations with our trading partners. If they are not faced, domestic and international peace will be short-lived.
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