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Ireland Could Have Referendum to Repeal Blasphemy Law

Following the dropping of investigation on the disparaging remarks made against God by comedian Stephen Fry, the Irish Department of Justice has confirmed that preparatory work and consultations are being undertaken for a referendum to repeal the blasphemy law.

The government had proposed a number of referendums in 2018 to include reproductive rights and immigrants' voter rights. In view of Stephen Fry's case, the amendment of Article 40.6.1(i) of the Constitution regarding blasphemy will also be up for referendum, a department spokesman stated.

Former minister for justice Dermot Ahern told Irish Times he would have deleted the blasphemy provision from the Constitution if he could, but he was not prepared to hold a costly referendum on the issue in 2009 because of the difficult economic situation back then.

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The Law Reform Commission advised him that the blasphemy law was not appropriate, Dermot said. But because the country couldn't afford an expensive referendum, all he could do was to dilute the legislation by putting many hurdles to prosecute an accused. The accuser will have to establish an intention to insult which would be difficult to prove, he explained.

Labor Senator Ivana Bacik, who campaigned against the introduction of the law in 2009, described its passage as a "grave error" as it had been used as a model by other less democratic states. "Pakistan and other repressive states pointed to our law as an example of a law they wished to pursue," she said. "It is being used as a model by these regimes and this is not what Ireland should aspire to," she added.

Michael Nugent, chairman of Atheist Ireland agreed by saying: "[I]t is a dangerous law because the Islamic States at the United Nations use western blasphemy laws to justify their own blasphemy laws, for which they execute people." He added that the law has compelled media to censor themselves to avoid prosecution.

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