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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Become a member of the National Secular Society today! Together, we can separate religion and state for greater freedom and fairness.
Latest updates
NSS calls for better free speech protection in NI hate crime reform
Posted: Tue, 22 Mar 2022 16:25
The National Secular Society has warned proposed reforms to Northern Ireland's hate crime laws could undermine free speech.
The Department of Justice (DoJ) is consulting on a new Hate Crime Bill for NI based on recommendations made by Judge Desmond Marrinan in 2020. It includes proposals that would broaden the definition of hate crime, create a new aggravated offence for sectarian hate crimes, and potentially expand 'hate speech' laws to cover online content.
Free speech concerns and 'stirring up' offences
In its response, the NSS said "a vibrant civil society with robust freedom of expression" is best placed to tackle hate crime and hate speech.
It expressed specific concerns about proposals that would expand NI's 'stirring up hate' offences, which criminalise "threatening, abusive or insulting" forms of expression that are "likely" to stir up hatred or fear against particular protected groups, including those defined by "religious belief".
The DoJ proposes to replace the 'dwelling defence', which protects private speech within homes, with a 'private conversation defence' for the 'stirring up' offenses.
The DoJ said this would make it easier to apply the 'stirring up' laws to online content.
But the NSS said it saw "no compelling case" for removing the dwelling defence. It said the DoJ should instead create additional protections for other private conversations.
The NSS said the proposal to replace the dwelling defence "does not address serious free speech issues" posed by 'stirring up' offences, which would be "exacerbated" if these offences were expanded to cover online material more broadly.
The NSS highlighted the lack of free speech protections for discussions about religion or belief, which are present in counterpart legislation in other UK nations. Similar 'stirring up' offenses were introduced in Scotland's Hate Crime Bill last year, but key amendments added following lobbying by the NSS and other organisations help protect freedom of expression regard religion.
Judge Marrinan said there should be "no express defences for freedom of expression in relation to religion, sexual orientation or any other of the protected characteristics." In 2021 he implied 'abusing religion' should not be legal.
The NSS said the lack of protections for robust criticism or ridicule of religion poses free speech concerns for both religious and non-religious people alike.
Moreover, the law does not require intent for a person to be guilty of a 'stirring up' offence. It is sufficient that "hatred is likely to be stirred up or fear is likely to be aroused" by a person who uses, publishes or distributes "threatening, abusive or insulting" words.
The NSS said this is likely to "encourage censorship and chill free speech" on controversial issues, including the reporting of facts that highlight negative aspects of religion.
It also expressed concerns that the 'stirring up' offences only refer to "religious belief" as a protected group, excluding those who are nonreligious.
NI blasphemy laws
The NSS said it was "disappointed" the proposals did not include abolishing NI's blasphemy laws.
NI is the only jurisdiction in the UK with blasphemy laws. England and Wales repealed their blasphemy laws in 2008. Scotland repealed them last year via the Hate Crime Bill.
The NSS said there is "always the risk" the blasphemy laws may be invoked to silence criticism or ridicule of religion, and that their presence in NI "undermines efforts to repeal blasphemy laws worldwide". Blasphemy laws are widely used to persecute religious minorities, the non-religious and those who speak out against the status quo.
Strategies for combatting hate and sectarianism
The NSS proposed alternative strategies for tackling hate and division. These include reforming NI's education system which "divides young people along harmful, obsolete sectarian lines".
It expressed support for the Integrated Education Bill, which places a statutory duty on the Department of Education to provide further support to the integrated schools sector.
It said any plans to include sectarianism in hate crime legislation should be 'future proofed' to include non-Christian forms of sectarianism, including anti-Ahmadi Muslim hate and caste-based discrimination.
The NSS also said NI needs to crack down on charities promoting extreme and intolerant views. This includes Core Issues Trust, an organisation which is a registered charity in NI despite promoting homophobic "change orientated therapy" for gay people.
NSS comment
NSS chief executive Stephen Evans said: "Northern Ireland already has the most restrictive speech laws in the UK. Plans to further criminalise 'hate speech' online, coupled with the absence of free speech protections for robust discussion around religion, show an alarming disregard for freedom of expression.
"Laws prohibiting the 'stirring up of hatred' should always be accompanied by explicit and unambiguous protections for free speech so that we can all be clear that people are free to say and publish things that others may find offensive or insulting.
"It is also a huge disappointment that the proposals fail to include the abortion of NI's archaic and illiberal blasphemy laws.
"It should never be a criminal offence anywhere to offend religious sensibilities. Unfortunately, the proposed reforms are likely to increase censorship and chill free speech around religion for fear of falling foul of the law."
The consultation closes on Monday.
Saudi secularist blogger flogged for “insulting Islam” released
Posted: Mon, 14 Mar 2022 17:08
The National Secular Society has welcomed the release of Saudi secularist blogger Raif Badawi, who was jailed and flogged for "insulting Islam".
Badawi was sentenced to 10 years in prison as well as 50 lashes a week for 20 weeks in 2014, after advocating an end to religious influence on public life in Saudi Arabia.
His wife Ensaf Haidar, who lives in Canada and led a worldwide campaign for his freedom, announced he was free on Friday.
Badawi's work and persecution
Saudi authorities have long harassed Badawi for debating religious issues. In 2008 he established the Liberal Saudi Network, a forum that sought to encourage debate on religious and political matters in Saudi Arabia.
That year he was formally charged with "setting up an electronic site that insults Islam" but the charges were dropped. In 2009, the authorities barred Badawi from travelling abroad and froze his business interests.
In 2012, Islamic cleric Abdulrahman al-Barrak issued a religious ruling declaring Badawi an "apostate who must be tried and sentenced". Al-Barrak claimed Badawi had said " Muslims, Jews, Christians, and atheists are all equal," and that this statement "is not allowed unless accompanied by a repudiation".
Badawi was arrested in 2012 and charged with "insulting Islam through electronic channels" and "going beyond the realm of obedience".
Later that year, a judge recommended that he also be tried for apostasy. Saudi Arabia is one of 12 countries where apostasy or blasphemy are punishable by death. This charge was dropped after Badawi told the court he is Muslim.
In 2013 he was sentenced to seven years in prison and 600 lashes. This was increased to 10 years imprisonment and 1,000 lashes by an appeals court in 2014.
Badawi's first round of 50 lashes in 2015 sparked a global outcry and he was not subjected to any further flogging.
The court also fined him the equivalent of £217,000 and banned him from any media work or foreign travel for 10 years after his release.
Reporters Without Borders said it would work to ensure he can join his family in Canada despite his travel ban. Quebec has placed him on a priority list of possible immigrants for humanitarian reasons.
Badawi won the 2014 Reporters Without Borders prize in the net-citizen category and the European parliament's Sakharov prize for freedom in 2015. In 2015 and 2016 he was among the nominees for the Nobel Peace Prize.
NSS comment
NSS chief executive Stephen Evans said Badawi's release was "fantastic news".
He said: "Badawi should never have been charged, let alone imprisoned and subjected to such barbaric punishment. Blasphemy shouldn't be a crime anywhere.
"We hope Badawi is given safe passage to Canada to be with his family.
"And we call on the UK government and other nations that enjoy liberal democracy to apply greater pressure on Saudi Arabia to ditch its draconian blasphemy laws and make drastic improvements to its human rights."
Image: Human Rights Watch and is reproduced under its Creative Commons Licence
