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Home » Publications » Free Presbyterian Magazine » 1981 » October 1981 » Notes and Comments

Notes and Comments

The Law Concerning Blasphemy

Mr H.J.W. Legerton F.C.A., former Secretary of the L.D.O.S. has issued the following call for action in connection with the Law Commission’s programme of law revision. It may be that this affects England only at present but what is done in England in this way is likely eventually to affect Scotland as well.

The Law Commission is engaged in a programme of revising and restating substantive criminal offences in modern statutory form with a view to eventual codification. Among the subjects being dealt with is that of “offences against Religion and Public Worship”, on which subject the Commission has issued an extensive Working Paper, a summary of which has been made available free of charge to any who care to apply. This is done in view of the Commission’s desire to seek the views of the public on this question. The Commission intends to complete a final report with recommendations and a draft Bill which will be laid before Parliament. Views may be submitted not later than 30th November, 1981, and it is important that Christian people should take advantage of this invitation without delay. Letters should be sent to Mr C.W. Dyment, Law Commission, Conquest House, 37-38 John Street, London WC1N 2BQ.

The following statement which has been submitted by the writer to the Commission will, it is hoped, be of help in framing representations: ‘The following comments are submitted in relation to Working Paper No.79 of the Law Commission, particularly with regard to the offence of blasphemy. 1) Blasphemy is offensive to Almighty God and brings down His righteous judgement upon offender, whether nations or individuals. The gravity of this fact needs to be emphasised and pondered well. 2) Blasphemy is offensive to all God-fearing persons and even to many who are not members of religious bodies. Such offence is not merely a matter of distaste; it causes hurt and distress of the deepest felt nature to the great many to whom God and all that is sacred are most vital and precious. 3) The effect of blasphemous utterances on radio, television and other media, such as the Press, upon children is most harmful. For those of tender years to hear or read such matter can damage their outlook upon life and deprive them of all respect for the higher qualities which sanctify and sweeten human existence. 4) Protection of the community from such outrage as is presented by blasphemy is called for and this can be done by law to a large degree. Hence it is maintained that legislation on the matter is necessary. 5) Legislation of this character, it is agreed, needs clarification and should not be in the form of common law, as at present, but in the shape of statute law. 6) In formulating statute law on Blasphemy, it must be emphasised that, despite social changes, this country is basically — if even only formally — Christian, and that therefore the Law should specifically protect the Name and Person of our Lord Jesus Christ. At the same time it is recognised that some will plead that other faiths, now having in this country large numbers of adherents will be entitled to similar protection from hurtful expressions toward those matters sacred to them. Regard must be always had to freedom for reasonable yet respectful criticism and disagreement amongst the various religions. 7) The legal definition of blasphemy should be clear. It is suggested that it should particularly embrace irreverent and insulting reference to Almighty God, to our Lord Jesus Christ, and to God the Holy Spirit. The definition does not require any reference to the formularies of any particular denomination. 8) The question of “intent” is admittedly a difficult one, but we feel it need not enter into the matter of blasphemy. If words or expressions are blasphemous, they are so whether or, not the person/s uttering them intended them to be such. 9) The need to preserve “freedom of expression” is recognised but it is submitted that this freedom — in common with other “freedoms” — must be limited in such manner as to preserve the public good and general well-being, which well-being is seriously imperilled by liberty to blaspheme — such liberty is “licence”. 10) It is acknowledged that there is a need for a new crime to penalise disturbances in places set apart for prayer and worship — as suggested by the Commission, but in addition to and not as a substitute for penalty against blasphemy. Authority and order are of God: “By Me kings reign” (Proverbs 8:15); “For there is no power but of God: the powers that be are ordained of God” (Romans 13:1). Blasphemy is therefore subversive of Authoritative Government, and, for this additional reason, to be discouraged by law.”

The Moonies and Britain

It has been reported in the Press that the Moonies are to transfer 300 of their missionaries from Britain to West Germany after a three year crusade in this country in which they claim to have recruited more than 2000 lay members. The removal of these missionaries from our country is certainly good news for Britain but can hardly be so for West Germany. The proliferation of sects in recent times is indicative of the low state of religion in the land. If the present generation were as well acquainted with the teaching of the Word of God as a former generation were, they would not be so easily imposed upon by the different sects that go about seeking to win adherents.

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