An Australian Christian is pressing on with a legal campaign against the use of the name of Jesus Christ as an expletive on television, undeterred by a national broadcasting watchdog's decision to dismiss his complaints.
The case is likely to be closely watched by committed Christians in Australia and further afield, whom Andre van der Linden argues make up the most denigrated sector of society today.
The retired teacher earlier this year decided to take a commercial television network, Channel Seven, before a legal tribunal in Victoria state, accusing it of vilifying Christians by screening a police drama in which the profanity was used several times.
The tribunal, the Victorian Civil and Administrative Tribunal (VCAT), was set up under the state's controversial race and religious hate laws. It's empowered to order that a respondent to a complaint apologize, pay compensation or take other steps.
Van der Linden also laid a formal complaint with the Australian Broadcasting Authority (ABA), a statutory regulator of the broadcasting industry.
He argued that Channel Seven had breached an ABA code of practice which prohibits the broadcast of a program that provokes or perpetuates contempt or ridicule against a person or group on the grounds of religion.
The ABA has now responded, issuing a report rejecting his arguments. Van der Linden is so unhappy about the watchdog's decision and its report that he has now broadened his VCAT complaint to include the ABA.
A copy of the report, provided by the ABA, says that the characters' use of "Jesus Christ" in the award-winning British program at the center of the complaint, Prime Suspect, was in accordance with their "legitimate expression of frustration or surprise."
"The expletives were not gratuitous, and were in keeping with the dramatic circumstances."
The ABA argued that the use of "Jesus Christ" in the program did not encourage viewers to disdain the Christian religion.
It also defended the use of Jesus' name as an expletive in the current cultural context.
"While Christianity is still the dominant religion within Australia, the portion of the population that describes itself as Christian has steadily decreased over the last century, as Australia has become increasingly secular and multi-faith," it said, citing census figures.
"As a general observation, many Christians in Australia today have a level of tolerance in relation to the use of expletives arising from Christian terminology. Many are liable to use such expletives themselves."
The ABA cited a 2000 survey in Britain in which respondents were asked to rate the severity of "Jesus Christ" as an expletive - 14 percent said it was "very severe," 13 percent said "fairly severe," 27 percent said "quite mild," and 46 percent said it was "not swearing" at all,
With that poll result, it said, "it is difficult to conclude that its limited use in a drama program would be sufficient to constitute serious contempt from the perspective of an objective, reasonable viewer."
'Christians the most vilified group'
Van der Linden is furious about the ABA's report, accusing the watchdog of bias and selective use of research.
He argued that neither the ABA nor Channel Seven understood Christian theology or had bothered to find out.
"Jesus Christ is our living Head. You cannot separate Jesus Christ and the body of believers. This is why the use of 'Jesus Christ' as a swearword is always a perpetuation of serious contempt and vilification of committed Christian believers."
He ridiculed the broadcasters for implying that they know better than Christians do whether or not Christians are insulted by the misuse of their savior's name.
Responding to the ABA's use of the British survey on community attitudes towards the use of Jesus Christ as an expletive, van der Linden said the fact that up to 27 percent of the British population were concerned showed that it "constituted serious contempt."
It was "amazing" that the ABA focused on the 46 percent of the population which did not regard it as swearing. "Of course, the majority would not have a problem with it; they are not committed Christians. I am not arguing for the majority."
He estimated that between five and eight percent of all Australians would fall into the category of being "committed Christians...whose faith is consistently expressed," as distinct from people who merely themselves as Christians at census time.
For that proportion of the population, he argued, when Jesus Christ is denigrated, they are denigrated.
Van der Linden said Australian television stations would never risk angering the country's Aboriginal or Muslim minorities by being insensitive to their beliefs, instead treating them with "kid gloves."
"Christian believers are the most vilified group in this nation."
The ABA said it had received a petition and letters from members of the public supporting the complaint.
Van der Linden said he had solicited no support, but had been overwhelmed and encouraged by how much had emerged.
"The news of this case has literally gone around the world even though I personally never sought publicity," he said. "It has been reported to me that there is a considerable groundswell of support."
He is optimistic that despite the ABA decision, momentum is building.
"This issue will not go away."
A preliminary tribunal hearing of van der Linden's case against the broadcaster is scheduled for Oct. 11.