Finian McGrath (Dublin North Central, Independent)
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Question 498: To ask the Minister for Justice, Equality and Law Reform if the crime of blasphemy will be defined; and if he will make a statement on the media organisations that inflame and degrade the Muslim faith here. [4982/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Article 40.6.1(i) of the Constitution provides for the offence of blasphemy. In addition, section 13 of the Defamation Act 1961 provides penalties for the offence. However, as noted by the Supreme Court in the case of Corway v. Independent Newspapers (Ireland) Limited [1999] 4IR 484, no definition of the offence of blasphemy exists in Irish law.

The position on this constitutional offence has been the subject of review for some time. The Law Reform Commission, in its report on the crime of libel in 1991 recommended that the offence should not be retained. This recommendation was endorsed by the constitutional review group, the report of which is being considered by the All-Party Committee on the Constitution at present. It is my intention, subject to current legislative priorities and any future recommendations of the all party committee on this matter, to formulate legislative proposals to define the scope and essential ingredients of the offence. Formulating an appropriate definition of blasphemy will be no easy task bearing in mind the constitutional guarantees of freedom of expression and equality of religious beliefs.

With regard to the Deputy's remarks on media organisations that "inflame and degrade the Muslim faith", this gives rise to questions that require sensitivity and responsibility on all sides. I emphasise that the guarantee of freedom of expression is a core feature of a free society and, as such, enjoys constitutional protection. That is not to say, however, that the right of freedom of expression is absolute or that it should be used or abused in an attempt to denigrate others or their beliefs. I remind the Deputy, therefore, that the provisions of the Prohibition of Incitement to Hatred Act 1989 criminalise the publication of material designed to stir up hatred, including hatred against a group of persons in the State or elsewhere on account of their religion. This applies equally to protect all faiths and all religions.