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Irreligious freedom

Should the right not to be offended have a place in the statute book?

Despite its recent, ahem, troubles, the Equality and Human Rights Commission is determined to press ahead with what its chair, Trevor Phillips, referred to as its "mission" in an article in Saturday's Guardian. But while setting out his agenda for the autumn, Phillips briefly mentioned one proposal that made me pause. "There will be new work," he wrote, on "hate crime against . . . religion and belief."

Why the hesitation? Who could object to stronger protection from intimidation, physical attack or bullying on these grounds? The problem is that the Racial and Religious Hatred Act 2006 already goes considerably further than that in its references to "threatening" words, behaviour, written material and public performance of a play. As Liberty warned at the time: "Criminalising even the most unpalatable, illiberal and offensive speech should be approached with grave caution in a democracy."

Defenders of the act can point to Section 29J, "Protection of freedom of expression", which makes it clear that:

Nothing . . . shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents.

Further evidence of the act's innocent effect may be found in the paucity of prosecutions under the legislation to date, the charging last month of a former BNP candidate with incitement to racial hatred being a rare exception.

But there are two serious points to be made about this. First, the act's seeming toothlessness can hardly be said to be in its favour. If it is supposed to prevent the likes of Rowan Laxton, the head of the Foreign Office South Asia Group (since suspended), from shouting "Fucking Israelis" and "Fucking Jews" while exercising in his gym, as he is alleged to have done this February, then one must hope the prosecution is successful in bringing him to trial this month. (Many feel that his comments should have earned him dismissal and ostracism, but not prosecution. That, however, is an argument for the act's repeal, not in favour of our government producing legislation that turns out to be unenforceable.)

Second, what the act has contributed to, intentionally or not, is a climate in which the boundaries protecting free speech are slowly being pushed back without anyone ever discussing, agreeing, let alone legislating, that they should be moved. Not long before the act was passed, performances of Bezhti, a play by the British writer Gurpreet Kaur Bhatti, were cancelled by Birmingham Repertory Theatre after hundreds of Sikhs protested at its depiction of rape and murder in a Sikh temple.

Worse was the response of Shirley Williams -- a woman whose political life has been at the coalface of liberal causes -- when asked on Question Time in 2007 about the decision to award a knighthood to Salman Rushdie. It was a "mistake", she said, because he was a man who had "deeply offended Muslims in a very powerful way". You didn't have to concur with Christopher Hitchens's view of religion to approve of his rebuke: "I think that's a contemptible statement and everyone who applauded it should be thoroughly ashamed of themselves."

This is the real worry about further "work" in this area: that well-meant legislation on hate crimes ends up giving force to a new right not to be offended that has not, and should not have, any place on the statute book. This may surprise readers who saw my column introducing this blog. Did I not castigate Sebastian Faulks for his comments on the Quran? I do indeed deplore his careless, thoughtless and offensive remarks. I don't think he should have made them. But I would never, ever, deny his right to have done so. So I look forward with interest to the EHRC's plans. When they meet, matters of opinion, belief and the law intersect in the most dangerous way. Great caution is required in policing this.

16 comments

Evan's picture

I will personally staunchly defend the right of anyone to express any opinion whatsoever, no matter how stupid, intolerant or abusive it may be. No one has the moral authority to tell another person what to think or believe. If thoughts or beliefs turn into actions against people, that is a different issue, but merely expressing a stupid, hateful or intolerant opinion should not be legislated against.

Happy Heretic's picture

There are several reasons why criticism of religion must be permitted. Firstly, in a democracy people can exercise choice about whether or not to follow a particular religion, whereas they have no control over which race they belong to or their sexual orientation. Secondly, organised religions can do terrible harm as well as good, and exposing crimes and atrocities committed in the name of religion is vital if there is to be any hope of stopping them or preventing their reoccurrence in the future. Such exposure should never be censored for fear of offending people. Thirdly, rendering religions immune from criticism whether through fear of the consequences or for other motives means religions do not have to reform or progress, but become stuck with out-dated practices and dogmas, and grow corrupt, which happened to the Catholic Church, prior to the Reformation. Islam badly needs to be reformed and to go through an Enlightenment like Christianity did in the eighteenth century, but how many Muslims would dare to suggest this in the current climate?

Madame Arcati's picture

One for your God Blog: how claims are made for science over "God" in the absence of evidence: http://madamearcati.blogspot.com/2009/09/god-tarts-and-misleading-sunday....
Btw, a better name would be gods blog.

Happy Heretic's picture

There are several reasons why criticism of religion must be permitted. Firstly, in a democracy people can exercise choice about whether or not to follow a particular religion, whereas they have no control over which race they belong to or their sexual orientation. Secondly, organised religions can do terrible harm as well as good, and exposing crimes and atrocities committed in the name of religion is vital if there is to be any hope of stopping them or preventing their reoccurrence in the future. Such exposure should never be censored for fear of offending people. Thirdly, rendering religions immune from criticism whether through fear of the consequences or for other motives means religions do not have to reform or progress, but become stuck with out-dated practices and dogmas, and grow corrupt, which happened to the Catholic Church, prior to the Reformation. Islam badly needs to be reformed and to go through an Enlightenment like Christianity did in the eighteenth century, but how many Muslims would dare to suggest this in the current climate?

Sarah Rozenthuler's picture

Your observation in your "Age of Homo Religiosus" column that the readers of the New Statesman would probably align themselves with the "God free" seems an accurate one. What frustrates me though is the lack of space or apparent thought given to the possibility that we might not be God free nor religious.

I meet increasing numbers of people who describe themselves as "spiritual but not religious" and I think that this growing hub of people is too often overlooked.

Karen Armstrong (the religious scholar) in A History of God argues that homo sapiens is also homo religiosus. The earliest works of art, including paintings on the sides of caves, included expressions of wonder and mystery about the nature of Life.

Armstrong says "our current secularism is an entirely new experience, unprecedented in human history". Without this historical context, it is too easy to regard religion as an aberration in our otherwise rational, buttoned-up world.

I wish you well with your God blog and hope that it opens hearts and minds to consider the full spectrum of belief and faith in our post-modern, multi-cultural, multi-faith reality.

friendlyneighbourhoodhumanist's picture

I should say from the off that I am categorically against any bill that would curtail freedom of speech. Individuals should be allowed to insult each other as much as they see fit, and not just when it comes to religion but about anything, be it race, sexuality, or gender.
Realistically, however, we need such laws to be in place for the time being. One only has to look at the proponderance of far-right voting in some areas of the country, or the rampant homophobia in, for example, football to see that we are still a couple of generations away from a time when people don't NEED laws to prevent them from insulting people based on their gender, race, or sexuality.

Were I to carry this reasoning forward, I would probably argue that religion needs to be protected whilst society adjusts to all the changes taking place. However, there is something different about religious belief. Let's say, hypothetically, that causing offence to religious believers was against the law. Now, where would the law stand when a Christian preacher offended a homosexual? Or when a Muslim man extolled the virtues of keeping one's wife in submission? Do we allow these people their beliefs despite those beliefs contravening previous laws? Effectively, by allowing such acts to pass, we are undoing all the good work that has come before.

...I realise this was all a very roundabout way of getting to the same conclusion as in your article, but I could not justify to myself why it should be illegal to make sexist or racist remarks but not anti-religious ones purely on the grounds of free speech.

Pookie's picture

I to am delighted to see the possibility that not everyone on the left politically is a fire-breathing atheist. I teach and examine Religious Studies, by choice (many RE teachers do not choose!). I am not a Christian and I do not instruct children in how to become Christians, or indeed any other faith. What I do is ask them to consider, for themselves, the human condition and the different ways in which people cope with the questions and challenges raised by the simple fact of being human...

Anyway, moving back to your original question, and the freedom of speech issue I have observed that when classes first start to discuss 'deep' matters they begin by tip-toeing around, deeply anxious not to offend or be told 'you can't say that', gradually they begin to see that, in the interests of meaningful debate, their views have to be open to challenge and discussion, and it is OK to ask the hard questions. They also learn how to defend those views that they consider worth defending. In other words they move from the idea that you are entitled not to be offended in any way to understanding that questions and diverse opinions are not in themselves offensive things (they can of course be asked offensively but, knowing better, we rise above it by taking the question seriously). They also learn that offense is not really necessary if the question is asked or the point made in the interests of creating a real debate, in the spirit of genuine enquiry and a quest for understanding.

Basically what I see in my classroom is that I, and many of my students, do not mind being 'offended' as long as there is a purpose behind it. I know for instance of prayers offered recently by members of a church local to my school asking God to remove me from my pernicious influence on their young people, This is personally upsetting, of course it is, but it also led to a lively debate in the Church Youth Group as to whether a faith that could not bear to be questioned was a faith worth hanging onto, a question I think all dogmatists should ask themselves and one I am delighted to have inspired.

I go further in fact and suggest that opening racism and sexism to the debate in the same way will force us to defend these values of our society. After all saying something does not make it so, acting on those statements is amply prevented by the law at present and we all know being told not to think something is likely to make us cling to it all the more. If our opposition to sexism and racism are good and right then we should not be afraid to open the discussion with the racists and the sexists - instead of which the mere whiff of them is so frightening these days that I am frequently told that the physiological truth that women are not as strong physically as men is a sexist statement, which I must not make in a classroom. Racsim at football matches is shocking to most of us - surely that is at least part of it's attraction? like the football hooligans of my youth - people want to do the things that 'they' don't want you to do.

Views which are worth defending should not need aritifcial protection in a society which claims to be free and open, they should not be afraid of entering into robust debate. To suggest that such protection is necessary suggests to me that we are not as free and open as we want the rest of the world to think us. Protecting some views simply means that those who ignore those protections become heroes, everyone loves a rebel after all. We should educate people in how to think independently and how to engage in civilised debate of their views and then let them go to it. I think they used to called it politics....

I conclude with the words of Voltaire - "I do not agree with a word you say, but I will defend to the death your right to say it."

malachy's picture

If the reason "why it should be illegal to make sexist or racist remarks but not anti-religious ones" isn't clear, perhaps the analogy of anti-socialist, or anti-monetarist, remarks might shed some light?

It is a more apposite analogy, as religion - however much it is overlaid with culture and tradition - is ultimately an ideology. That it can be so readily equated in people's minds with race or sex is an indicator of the special privilege it has claimed for itself (usually by force) as an ideology.

Trevor Phillips's picture

Without commenting at all on the substance of Sholto Byrnes' article, other than to say how interesting it was, I'm afraid that if it was reading my article that triggered the thought, he was misled. I referred to "new work on lesbian and gay rights, hate crime against learning-disabled people, religion and belief, and age discrimination". It may be that the print edition missed a comma, or that we each follow different grammatical rules on the compilation of lists; but actually the reference here is only to hate crime against learning-disabled people. I don't think that this makes anything in the article less valid.

malachy's picture

"It may be that the print edition missed a comma, or that we each follow different grammatical rules on the compilation of lists...".

That sentence in the Guardian piece was way out of control. The hate-crime bit should at least have been at the end of the list, to avoid ambiguity.

Simon Gardner's picture

I sincerely hope Trevor Phillips is not intending to interfere with my hobby which happens to be stirring up religious hatred - or more specifically stirring up hatred of religion(s).

truth's picture

There seems to be a subtle attempt to persecute religious freedom. This is much more bigger than the BNP, or the pathetic politics of government. Religious freedom should not be persecuted we live in a time of freedom of speech and religious freedom. Whoever attemps to persecute religious freedom should be thrown into jail.
Finally, I would like to inform you that there is no crime known as `religious hatred' because different religions have different beliefs.
Last but not the least, the Police and Judiciary should not involve themselves in ideological debate but ecclesiastical matters be handled by ministers of religion.

Craig Young's picture

Yes, but surely hate speech is no substitute for rational and deliberative debate? That said, I oppose censoring hate speech for the same reason that I support blasphemy law repeal. I'd rather have religious right texts where I can expose them to critical analysis and rebuttal.

junius's picture

I've been looking forward to this blog starting, and I'm disappointed that there have been so few comments. Disappointed, but not surprised. I haven't felt engaged enough in this issue myself to want to make a comment. I think it was a bad choice of topic to kick off this blog with, but I hope it doesn't mean that the NS will think there's no call for a blog in this general area. Try a more engaging topic, please.

Toby's picture

Section 29J clearly protects Rowan Laxton's criticism of clearly documented Israeli war crimes. Such criticisms are hardly religious except by coincidence. If Judaism itself is been used to justify such acts, then harsh criticism from the bleachers of civilisation is merited).

Daniele1's picture

Like "happy heretic" says, religion is a choice which makes it quite a different category from race or gender. Religions are a set of ideas based on ancient superstitions/mythology. Why oh why would these ideas be protected from criticism and accorded extraordinary respect??
If this is not an insidious attempt at returning to religious tyranny, I don't know what is. If it isn't, then it is a grotesque mistake on the part of the liberals who dreamed up this law.
I owe no respect to religious people's ideas and I don't feel I should be tolerant of people who not so long ago would have burnt me alive at the stake and who still today tell me I should burn in Hell for Eternity for not believing in their absurd stories.And if I was so unlucky as to live in a Muslim country today, as a woman, I would have been stoned to death by now or be driven to suicide through religious oppression. As an "Infidel", I am an animal to Muslims.
Respect? Tolerance? You must be joking.

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