Blasphemy Law In Australia
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Blasphemy Law In Australia
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have been abolished totally in Queensland and Western Australia, when those jurisdictions adopted criminal codes that superseded the common law.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. Origin of Australian blasphemy law When the Australian colonies w ...
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Blasphemy
Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religious crime, especially the Abrahamic religions, including the speaking the " sacred name" in Judaism and the "eternal sin" in Christianity. In the early history of the Church heresy received more attention than blasphemy because it was considered a more serious threat to Orthodoxy. Blasphemy was often regarded as an isolated offense wherein the faithful lapsed momentarily from the expected standard of conduct. When iconoclasm and the fundamental understanding of the sacred became more contentious matters during the Reformation, blasphemy was treated similar to heresy, and accusations of blasphemy were made not only against people who made off-the-cuff profane remarks while drunk, but against those types of persons who espoused unorthodox id ...
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Blasphemous Libel
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 Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand.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 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. It is a form of criminal libel. Historically, the common law offences of blasphemy and blasphemous libel were adopted from the common law of England as common law offences in British colonies and territories. From the late 19th century, several colonies and countries replaced the common law offences with adopted versions of the draft code called "the Stephen Code" written by Sir James Fitzjames Stephen as part of a Royal Commission in England in 1879. The Stephen Code included the offence of blasphemous libel but omitted blasphemy. The ...
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Blasphemy Law In Australia
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. Origin of Australian blasphemy law When the Australian colonies w ...
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Archbishop Of Canterbury
The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is Justin Welby, who was enthroned at Canterbury Cathedral on 21 March 2013. Welby is the 105th in a line which goes back more than 1400 years to Augustine of Canterbury, the "Apostle to the English", sent from Rome in the year 597. Welby succeeded Rowan Williams. From the time of Augustine until the 16th century, the archbishops of Canterbury were in full communion with the See of Rome and usually received the pallium from the pope. During the English Reformation, the Church of England broke away from the authority of the pope. Thomas Cranmer became the first holder of the office following the English Reformation in 1533, while Reginald Pole was the last Roman Catholic in the position, serving from 1556 to 1558 during the Counter-Reformation. ...
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Hate Speech
Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation". Legal definitions of hate speech vary from country to country. There has been much debate over freedom of speech, hate speech, and hate speech legislation. The laws of some countries describe hate speech as speech, gestures, conduct, writing, or displays that incite violence or prejudicial actions against a group or individuals on the basis of their membership in the group, or that disparage or intimidate a group or individuals on the basis of their membership in the group. The law may identify a group based on certain character ...
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Committee On The Elimination Of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third -generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. The Convention also requires its parties to criminalize hate speech and criminalize membership in racist organizations. The Convention also includes an individual complaints mechanism, effectively making it enforceable against its parties. This has led to the development of a limited jurisprudence on the interpretation and implementation of the Convention. The convention was adopted and opened for signature by the United Nations General Assembly on 21 December 1965,United Nations General Assembly Resolution 2106 (XX), 21 December 1965. and entered into force on 4 January 1969. As of July 2020, it has 88 signatories and 182 parties. The Convention is monitored by the Committee o ...
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International Convention On The Elimination Of All Forms Of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third -generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. The Convention also requires its parties to criminalize hate speech and criminalize membership in racist organizations. The Convention also includes an individual complaints mechanism, effectively making it enforceable against its parties. This has led to the development of a limited jurisprudence on the interpretation and implementation of the Convention. The convention was adopted and opened for signature by the United Nations General Assembly on 21 December 1965,United Nations General Assembly Resolution 2106 (XX), 21 December 1965. and entered into force on 4 January 1969. As of July 2020, it has 88 signatories and 182 parties. The Convention is monitored by the Committee o ...
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International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). Complia ...
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Blasphemy Act 1697
The Blasphemy Act 1697 (9 Will 3 c 35) 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. The first offence resulted in being rendered incapable of holding any office or place of trust. The second offence resulted in being rendered incapable of bringing any action, of being guardian or executor, or of taking a legacy or deed of gift, and three years imprisonment without bail. The Act was directed against apostates at the beginning of the deist movement in England, particularly after the 1696 publication of John Toland's book ''Christianity not Mysterious''. It was rarely applied: the legislation allowed only four days after the offence for a formal complaint to be lodged and the trial itself was ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Whitehouse V Lemon
''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. Facts James Kirkup's poem ''The Love that Dares to Speak its Name'' was published in the 3 June 1976 issue of ''Gay News''. The poem, written from the viewpoint of a Roman centurion, graphically describes him having sex with Jesus after his crucifixion, and also claims that Jesus had had sex with numerous disciples, guards, and even Pontius Pilate. In early November 1976, Mary Whitehouse obtained a copy of the poem and announced her intention to bring a private prosecution against the magazine. Leave to bring this prosecution was granted on 9 December 1976. The charges named Gay News Ltd and Denis Lemon as the publishers. A charge against Moore Harness Ltd for distributing was subsequently dropped. The indictment described the offending publication as "a blasphemous libel concerning the Christian religion, namely an obscene poem a ...
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