This article needs additional citations for verification .(December 2019) |
Act of Parliament | |
Long title | Act against the cryme of Blasphemie. |
---|---|
Citation | 1661 c. 216 [12mo ed: c. 21] |
Other legislation | |
Repealed by | Doctrine of the Trinity Act 1813 |
Status: Repealed |
The Blasphemy Act 1661 (c. 216) was an act of the Parliament of Scotland.
The act enshrined the blasphemy offence into statute. It legislated that anyone who should rail upon and curse God or the Trinity, [1] even if 'distracted', should be punished. The punishment was the death penalty.
The Act against Blasphemy 1695 further clarified the offence [2] and blasphemy was later abolished in 1813 under the Doctrine of the Trinity Act 1813.
Blasphemy refers to an insult that shows contempt, disrespect or lack of reverence concerning a deity, an object considered sacred, or something considered inviolable. Some religions, especially Abrahamic ones, regard blasphemy as a crime, including insulting the Islamic prophet Muhammad in Islam, speaking the sacred name in Judaism, and blasphemy of the Holy Spirit is an eternal sin in Christianity. It was also a crime under English common law.
Sacrilege is the violation or injurious treatment of a sacred object, site or person. This can take the form of irreverence to sacred persons, places, and things. When the sacrilegious offence is verbal, it is called blasphemy, and when physical, it is often called desecration. In a more general sense, any transgression against what is seen as the virtue of religion would be a sacrilege, and so is coming near a sacred site without permission.
Laws prohibiting blasphemy and blasphemous libel in the United Kingdom date back to the medieval times as common law and in some special cases as enacted legislation. The common law offences of blasphemy and blasphemous libel were formally abolished in England and Wales in 2008 and Scotland in 2024. Equivalent laws remain in Northern Ireland.
Whitehouse v Lemon is a 1977 court case involving the blasphemy law in the United Kingdom. It was the last successful blasphemy trial in the UK.
Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It is a form of criminal libel that consists of the publication of material which exposes the Christian religion to scurrility, vilification, ridicule, and contempt, with material that must have the tendency to shock and outrage the feelings of Christians.
The right to freedom of religion in the United Kingdom is provided for in all three constituent legal systems, by devolved, national, European, and international law and treaty. Four constituent nations compose the United Kingdom, resulting in an inconsistent religious character, and there is no state church for the whole kingdom.
Thomas Aikenhead was a Scottish student from Edinburgh, who was prosecuted and executed at the age of 20, on a charge of blasphemy under the Act against Blasphemy 1661 and Act against Blasphemy 1695. He was the last person in Great Britain to be executed for blasphemy. His execution occurred 85 years after the death of Edward Wightman (1612), the last person to be burned at the stake for heresy in England.
The Pakistan Penal Code outlaws blasphemy against any recognized religion, with punishments ranging from a fine to the death penalty. According to various human rights organizations, Pakistan's blasphemy laws have been used to persecute religious minorities and settle personal rivalries, frequently against other Muslims, rather than to safeguard religious sensibilities.
The Blasphemy Act 1697 was an Act of the Parliament of England. It made it an offence for any person, educated in or having made profession of the Christian religion, by writing, preaching, teaching or advised speaking, to deny the Holy Trinity, to claim there is more than one god, to deny the truth of Christianity and to deny the Bible as divine authority.
Catholic tradition and Mariology include specific prayers and devotions as acts of reparation for insults and blasphemies against Mary, mother of Jesus, often known as the Blessed Virgin Mary to Catholics. Similar prayers as Acts of Reparation to Jesus Christ and Acts of Reparation to The Holy Trinity also exist.
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 and Prostitution (Scotland) Act 2007 which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. Scots law is one of the few legal systems that require corroboration.
A blasphemy law is a law prohibiting blasphemy, which is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable. According to Pew Research Center, about a quarter of the world's countries and territories (26%) had anti-blasphemy laws or policies as of 2014.
Blasphemy is not a criminal offence under Australian federal law, but the de jure situation varies at state and territory level; it is currently not enforced in any Australian jurisdiction. The offences of blasphemy and blasphemous libel in English common law were carried over to the Australian colonies and "received" into state law following Federation in 1901. The common-law offences have been abolished totally in Queensland and Western Australia, when those jurisdictions adopted criminal codes that superseded the common law. In South Australia, Victoria, and the Northern Territory the situation is ambiguous, as the local criminal codes do not mention blasphemy but also did not specifically abolish the common-law offences. In New South Wales and Tasmania, the criminal codes do include an offence of blasphemy or blasphemous libel, but the relevant sections are not enforced and generally regarded as obsolete.
The act 53 Geo. 3. c. 160, sometimes called the Doctrine of the Trinity Act 1813, the Trinitarian Act 1812, the Unitarian Relief Act, the Trinity Act, the Unitarian Toleration Bill, or Mr William Smith's Bill, was an act of the Parliament of the United Kingdom which amended its blasphemy laws and granted toleration for Unitarian worship.
The United Arab Emirates (UAE) law against blasphemy is governed by article 312 of the United Arab Emirates Penal Code.
In Ireland, "publication or utterance of blasphemous matter", defamatory of any religion, was a criminal offence until 17 January 2020. It was a requirement of the 1937 Constitution until removed after a 2018 referendum. The common law offence of blasphemous libel, applicable only to Christianity and last prosecuted in 1855, was believed to fulfil the constitutional requirement until a 1999 ruling that it was incompatible with the constitution's guarantee of religious equality. The Defamation Act 2009 included a provision intended to fill the lacuna while being "virtually impossible" to enforce, and no prosecution was made under it. The 2009 statute increased controversy, with proponents of freedom of speech and freedom of religion arguing for amending the constitution. After the 2018 constitutional amendment, a separate bill to repeal the 2009 provision and residual references to blasphemy was enacted in 2019 by the Oireachtas (parliament) and came into force in 2020. The Prohibition of Incitement to Hatred Act 1989, which includes religion among the characteristics protected from incitement to hatred, remains in force.
The publishing of any "blasphemous libel" was a crime in New Zealand under Section 123 of the Crimes Act 1961 which allowed for imprisonment for up to one year. However, Section 123 protected all publications and opinions on any religious subject expressed in good faith and decent language against prosecution and specified that prosecution may proceed only with the leave of the attorney-general.
A Brief History of Blasphemy: Liberalism, Censorship and the Satanic Verses is a 1990 book by Richard Webster, in which the author discusses the controversy over Salman Rushdie's novel The Satanic Verses (1988). Webster critiques the freedom to blaspheme, and argues against The Crime of Blasphemy.
The Act against Blasphemy 1695 was an act of the Parliament of Scotland, passed on 28 June 1695.
The Thirty-seventh Amendment of the Constitution is an amendment to the constitution of Ireland which removed the constitution's requirement to criminalise "publication or utterance of blasphemous matter". The amendment was effected by an act of the Oireachtas — the Thirty-seventh Amendment of the Constitution Act 2018, which was introduced in Dáil Éireann, passed by the Dáil and Seanad, approved by the people in a referendum, before it was signed into law by the president.