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Hypothesis: Free speech is endangered by blasphemy laws both in US and EU.
Free speech
T. Jefferson: "Freedom of speech
cannot be limited without being lost“.
Lèse-majesté: Offence against the dignity of
a monarch or a state is extended to
(religious) groups.
• [Mil] 's Harm principle: "If all mankind minus one were of one
opinion, and only one person were of the contrary opinion, mankind
would be no more justified in silencing that one person than he, if he
had the power, would be justified in silencing mankind.“
• Harm is a restriction to this.
• Offence is never harm.
• [Fei84] 's Offence Principle: “Offence is measured through the ease
with which it can be avoided, the motives of the speaker, the number
of people offended, the intensity of the offense and the interest of
the community.”
Danish cartoons 2006
South Park case
South Park case
You can not show Mohammed,
because this will lead to violence.
No! You can not decide what can be
subject to criticism and what can’t.
Harm principle
Offence principle
x
x
• According to the Harm principle media can depict Mohammed since no direct harm is
caused. According to the Offence principle, the ‘ease of avoiding’ the offence is simply
not buying Danish newspapers.
• EU
– “It has been insensitive. It has been disrespectful and it has
been wrong."
Reactions of US, EU and OIC
• Request by the Organisation of the Islamic
Conference (e.g., Saudi Arabia, Iran, Qatar):
– Implementation of UN Resolution 16/18 which
prohibits the defamation of all prophets and faiths.
– The European media has to adopt this code of ethics.
• US
"We all fully recognize and respect freedom of
the press and expression but it must be coupled
with press responsibility.“
Who is the OIC?
„Crime“ Punishment Year
Qatar 2012
Saudi Arabia Driving a car (woman) 2011
Iran Being gay 2009
Twitter: “All Arab
governments are
indiscriminate
thieves".
Five year prison
10 laches with a
whip
• Request by the Organisation of the Islamic Conference (e.g., Saudi Arabia, Iran, Qatar):
– UN Resolution which should prohibit defamation of all prophets and faiths.
– The European media has to adopt this code of ethics.
Offence Reaction Year Category
„Piss christ“ Petitions, angry letters, prayers 1987
„Paradise Faith“:Crucifix
masturbation
2012
Mohammed cartoons Both peaceful and violent
protests
2006
Difference in values
Discussion:
• What effects will the blasphemy laws of the OIC have on Europe and the US?
• How would you apply the Harm and Offence Principle to the Danish cartoon
case?
Sources

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Blasphemy laws endanger free speech both in us and eu

  • 1. Hypothesis: Free speech is endangered by blasphemy laws both in US and EU.
  • 2. Free speech T. Jefferson: "Freedom of speech cannot be limited without being lost“. Lèse-majesté: Offence against the dignity of a monarch or a state is extended to (religious) groups. • [Mil] 's Harm principle: "If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind.“ • Harm is a restriction to this. • Offence is never harm. • [Fei84] 's Offence Principle: “Offence is measured through the ease with which it can be avoided, the motives of the speaker, the number of people offended, the intensity of the offense and the interest of the community.”
  • 5. South Park case You can not show Mohammed, because this will lead to violence. No! You can not decide what can be subject to criticism and what can’t. Harm principle Offence principle x x • According to the Harm principle media can depict Mohammed since no direct harm is caused. According to the Offence principle, the ‘ease of avoiding’ the offence is simply not buying Danish newspapers.
  • 6. • EU – “It has been insensitive. It has been disrespectful and it has been wrong." Reactions of US, EU and OIC • Request by the Organisation of the Islamic Conference (e.g., Saudi Arabia, Iran, Qatar): – Implementation of UN Resolution 16/18 which prohibits the defamation of all prophets and faiths. – The European media has to adopt this code of ethics. • US "We all fully recognize and respect freedom of the press and expression but it must be coupled with press responsibility.“
  • 7. Who is the OIC? „Crime“ Punishment Year Qatar 2012 Saudi Arabia Driving a car (woman) 2011 Iran Being gay 2009 Twitter: “All Arab governments are indiscriminate thieves". Five year prison 10 laches with a whip • Request by the Organisation of the Islamic Conference (e.g., Saudi Arabia, Iran, Qatar): – UN Resolution which should prohibit defamation of all prophets and faiths. – The European media has to adopt this code of ethics.
  • 8. Offence Reaction Year Category „Piss christ“ Petitions, angry letters, prayers 1987 „Paradise Faith“:Crucifix masturbation 2012 Mohammed cartoons Both peaceful and violent protests 2006 Difference in values Discussion: • What effects will the blasphemy laws of the OIC have on Europe and the US? • How would you apply the Harm and Offence Principle to the Danish cartoon case?

Notas del editor

  1. [Fis94] individuals are part of society.[Wit53] speech is a 'language-game'.