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
Protect free speech around religion, NSS urges UN
Posted: Wed, 28 Sep 2022 14:25
The National Secular Society has told the United Nations that efforts to tackle intolerance based on religion or belief must ensure free speech is protected.
The UN Office of the High Commissioner for Human Rights is inviting contributions to a report on combatting intolerance, discrimination and violence against people based on religion or belief.
The call for the report was made in a resolution adopted by the UN Human Rights Council in April.
In response, the NSS said that while it supported the "broad principles" of the resolution, it was concerned that the proposed strategies to combat intolerance based on religion or belief may be "vulnerable to exploitation" by those who wish to control speech about religion.
It said that as explicit 'blasphemy' laws become less acceptable, some religious institutions attempt to hijack the cause of combatting intolerance by bringing in "blasphemy laws by the back door" through 'hate speech' laws, public order offenses and official adoption of terms such as 'Islamophobia'.
The NSS noted that the Organisation of Islamic Cooperation (OIC), whose recent speech at the Human Rights Council formed the basis of the resolution, has long supported efforts to curtail speech that is offensive to religion.
The OIC is an intergovernmental organisation of 57 states and claims to be the "collective voice of the Muslim world". Although it stopped explicitly campaigning for a global blasphemy law in 2011, it has repeatedly spearheaded attempts to install "backdoor" blasphemy laws, the NSS said.
The NSS said equality laws have a "crucial" role to play in combatting intolerance, stigmatisation and persecution of all kinds. But it warned that equality laws should not entrench existing religious privileges that result in discrimination. It cited exemptions in the Equality Act 2010 that enable some institutions, including state-funded schools, to discriminate on the basis of religion or belief.
The NSS warned that the wording of the resolution leaves nonreligious people vulnerable, as it is not sufficiently inclusive of atheists, humanists and others without religious beliefs. It noted that openly nonreligious people are often subject to "extreme hatred, violence and persecution" around the world.
NSS: Efforts to tackle intolerance 'must not undermine free speech'
NSS head of campaigns Megan Manson said: "Efforts to tackle intolerance based on religion or belief must support the right to freedom of expression – including expression perceived as insulting to religion – rather than undermine this right. All blasphemy laws, including 'back door' blasphemy laws, must be abolished.
"It is also essential that strategies are fully inclusive of nonreligious people. All too often, efforts to promote religious freedom in the name of combatting intolerance can compound the discrimination and marginalisation that nonreligious people already face around the world.
"Freedom to manifest a religion is not absolute and a balance must be struck to protect the rights of others and achieve freedom and fairness for all."
NSS: Poland must repeal ‘blasphemy law’ after pop star vindicated
Posted: Fri, 16 Sep 2022 14:58
The National Secular Society has urged Poland to repeal its 'blasphemy law' after an international court ruled a pop star's human rights were breached.
Yesterday the European Court of Human Rights (ECtHR) ruled the Polish government violated the right to free speech by convicting and fining Dorota Rabczewska (pictured), known by the stage name 'Doda', for 'insulting Christianity' in an interview.
The court ordered Poland to pay Doda a settlement of 10,000 euros (£8,680).
In 2009, Doda said during an interview for a news website that while she believes in a "higher power", she does not believe in the Bible.
She said she was more convinced by scientific discoveries like the existence of dinosaurs, and not by "the writings of someone wasted from drinking wine and smoking some weed".
The interview prompted complaints from two individuals to a public prosecutor that she had broken Article 196 of Poland's criminal code. This prohibits offending "religious feelings" by "publicly insulting an object of religious worship".
Article 196: Poland's 'blasphemy law'
Doda was convicted in 2012 by the Warsaw District Court and fined the equivalent of approximately £930.
A subsequent complaint to Poland's Constitutional Court that Article 196 violates the constitutional rights to freedom of expression and equal treatment of the nonreligious was dismissed.
Doda took the case to the ECtHR in Strasbourg in 2013, arguing that Poland had breached Article 10 of the European Convention on Human Rights, which protects freedom of expression.
She added that the sanction imposed on her – a criminal conviction and a fine fifty times the minimum provided by law – had been disproportionately severe. She was supported by UK-based human rights group Article 19.
The Polish government argued Doda "could easily have known that her statement could lead to prosecution as 90% of the population in Poland was Catholic" and that religious people "had a right not to be insulted on the grounds of their beliefs".
The government was backed by Ordo Iuris, an ultraconservative Polish Catholic lobby group, which made a third-party submission against Doda.
ECtHR: Religious 'cannot expect to be exempt from criticism'
The ECtHR found that Doda's conviction had violated Article 10.
It said freedom of expression "constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual's self-fulfilment".
It said those who choose to exercise their religious freedom cannot "expect to be exempt from criticism" and "must tolerate and accept the denial by others of their religious beliefs and even the propagation by others of doctrines hostile to their faith".
The court noted that Article 196 of Poland's criminal code "incriminates all behaviour that is likely to hurt religious feelings".
One of the seven judges dissented from the ruling. Polish national Judge Wojtyczek argued "freedom from insults affecting the religious feelings of the believers" is an "important element" of freedom of religion and conscience.
Poland has recently experienced a rise of Catholic nationalism under the traditionalist Law and Justice party, contributing to its near total ban on abortion last year.
On Saturday Poland's Minister of Education and Science Przemysław Czarnek said: "Poland will either be Christian or it will not exist".
NSS: 'Religious feelings cannot trump free speech'
NSS head of campaigns Megan Manson said: "We welcome the ruling, which clarify that religious feelings cannot trump the fundamental human right to freedom of expression.
"Doda should never have been convicted in the first place. Poland must now respond to the court's findings by repealing Article 196 of its criminal code, which is nothing more than a blasphemy law in practice.
"Blasphemy laws, whatever their guise, are an affront to human rights and human dignity. They have no place in any democracy."
Image: Fryta 73, CC BY-SA 2.0 (cropped to fit)
