Sale of Charlie Hebdo in Ireland will test blasphemy law for first time

The sale of the Charlie Hebdo magazine published after the Paris atrocity is threatening to become the first major test of the Irish Republic’s blasphemy law, Muslim representatives and secularists have warned.

Ireland’s Islamic Cultural Centre has said the presence of a depiction of the prophet Muhammad on the front page of the satirical publication, on sale now in Irish shops, is a clear breach of the country’s blasphemy legislation.

The Irish Republic is the only nation in Europe to have introduced a blasphemy law in the 21st century. Secular and atheist groups in Ireland have been campaigning for its abolition since it came into being in 2010 – the last year of the Fianna Fáil-Green government.

The advocacy group Atheist Ireland is to meet the Irish prime minister, Enda Kenny, in Dublin next Tuesday, to urge the taoiseach to hold a referendum on abolishing the law before the general election in 2016.

Ahmed Hasain, the executive secretary of the Islamic Cultural Centre in Dublin, said: “In our view, the sale of this magazine is a breach in Irish law. It is blasphemous and it is illegal under the legislation. It’s against the law here in Ireland, that is quite clear.”

Hasain said that while the centre has not decided whether or not to lodge a complaint to the Irish authorities, individuals or groups have the right under Irish law to use the legislation to prosecute those distributing the magazine since last week.

He described the law introduced by the former Fianna Fáil justice minister, Dermot Ahern, as very helpful. “It’s good that the law is in place as it protects every faith,” he said.

Michael Nugent, writer and co-founder of Atheist Ireland, agreed with Hasain that technically speaking the sale of around 1,500 copies of the Charlie Hebdo edition in the state had breached the blasphemy law.

He said: “The Charlie Hebdo cartoons seem to meet the first test of the Irish law, that is that it is ‘grossly abusive or insulting in relation to matters held sacred by any religion’. The next test in the law is ‘thereby causing outrage among a substantial number of the adherents of that religion’.

“So if anyone wants to try to have a prosecution brought, [cases must be brought by the state ] what they would have to do is demonstrate that outrage has been caused. But it would be irresponsible to encourage or show outrage at a time like this. People who are offended should respond more proportionately than by showing outrage. That is a major flaw in the Irish law – it encourages outrage.”

Ahead of its meeting with the taoiseach, Atheist Ireland announced a new international campaign against blasphemy laws. The organisation has joined forces with secular groups from Britain, Canada, Iceland, the US and New Zealand. They are organising an online global petition against laws which they say “legitimise mob violence, vigilantism, and persecution of minorities”.

Prof Heiner Bielefeldt, the UN special rapporteur on freedom of religion, has advised Atheist Ireland to keep up the pressure in the republic to repeal the law.

“Of course you are right that the major damage done by this legislation is the international one,” he told the organisation. “I wouldn’t expect any harsh verdicts being handed down in Ireland, but those countries that continue to have an intimidating anti-blasphemy practice like to quote European countries to unmask western hypocrisy.”

Blasphemy in Ireland is a crime punishable with a fine of up to €25,000 (£19,000).