[FoRK] Blasphemy in the UK

[Zee Roe]

On a side note, I've named my coffee cup 'Mohammed'.

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Source: http://news.bbc.co.uk/2/hi/entertainment/7128552.stm


Wednesday, 5 December 2007, 15:38 GMT






Springer opera court fight fails



David Soul in Jerry Springer - The Opera

David Soul played Jerry Springer in the BBC Two broadcast

A Christian group has lost its High Court battle to prosecute the BBC's
director general over the screening of Jerry Springer - The Opera in 2005.

Christian Voice director Stephen Green had hoped to overturn a previous
ruling by a judge which forbade him from prosecuting Mark Thompson.

Two judges ruled that broadcasters and theatres staging live productions
could not be prosecuted for blasphemy.

The BBC called the ruling an important decision in defence of free speech.

The corporation received a record 63,000 complaints when the musical - a
satire based on US TV host Jerry Springer's controversial talk show - was
broadcast on BBC Two in January 2005.

It also received many messages of support for screening the musical, which
includes scenes set in Hell with Jesus and Satan.

Mr Green had said the show "clearly crossed the blasphemy threshold".

Parody

However, the two senior judges at the High Court said the 1968 Theatres Act
prevented any prosecution for blasphemy in relation to public performances
of plays.

The 1990 Broadcasting Act, they continued, prevented any prosecution in
relation to broadcasts.


Mark Thompson

Mark Thompson defended broadcasting the show on TV

They said it was reasonable to conclude Jerry Springer - The Opera "in
context" could not be considered as blasphemous, as it was not aimed at
Christianity, but was a parody of the chat show genre.

In a statement issued following the ruling, the BBC said it had taken the
decision to broadcast Jerry Springer - The Opera after "the most careful
consideration".

"We believe the work, taken in its proper context, satirises and attacks
exploitative chat shows and not the Christian religion," it said. "The
court's judgement today vindicates that decision in full.

"Today's decision addresses the way the law of blasphemy applies to
broadcasters, and the Court has found that criminal prosecutions for
blasphemy should not be permitted in relation to broadcasts.

"This is an important decision in the defence of free speech. We, of course,
believe that broadcasters should continue to exercise great care and
sensitivity when dealing with potential religious offence, and that has not
changed."

'Protecting the constitution'

Mr Green had hoped to overturn District Judge Caroline Tubbs' refusal at the
City of Westminster Magistrates' Court in January to issue a summons against
Mr Thompson, who allowed the controversial show to be screened.


David Soul in Jerry Springer - The Opera

The mock-opera featured Jesus as a guest on Springer's TV show

Mr Green had also wanted to prosecute the show's producer, Jonathan Thoday,
who staged a nationwide tour of the show between October 2003 and July 2006.


Solicitors for Christian Voice urged the two High Court judges to allow the
blasphemy prosecution to go ahead.

Speaking in court Michael Gledhill QC, appearing for Mr Green, said: "This
is not just about protecting the rights of a section of the Christian
population.

"It is about protecting the constitution of the nation which is built on the
Christian faith."

David Pannick QC, representing Mr Thompson, said Judge Tubbs had acted
within her powers and "made the only decision she could lawfully have made".


While religious beliefs were integral to British society, "so is freedom of
expression, especially to matters of social and moral importance," said Mr
Pannick.

'Outdated laws'

Mr Green said he would seek to appeal against Wednesday's ruling, which he
described as a "carte blanche to blaspheme".

"I hope and pray the House of Lords will uphold the totality of the law
against blasphemy and allow the prosecution to proceed."

But the decision was welcomed by human rights pressure group Liberty, who
said it had "critically weakened outdated blasphemous libel laws".

"Today's ruling is a blow to bigotry," said the group's legal officer Anna
Fairclough. "The obvious next step is to repeal this outdated offence."