« Petronas, The World's Orang Minyak | Main | Right On »
March 16, 2006
No Charges Against Jyllands-Posten
UPDATE
Read the Director of Public Prosecutions of Denmark's decision in full [in PDF format].
Read it. Read it carefully and thoughtfully.
The following is the press release [in PDF format] on the decision:
Press Release15 March 2006
The Decision of the Director of Public Prosecutions in the case of Jyllands-Posten's Article "The Face of Muhammed"
I have today decided not to institute criminal proceedings in the case of Jyllands-Posten's article "The Face of Muhammed", which was published on 30 September 2005 and where complaints were filed against Jyllands-Posten for violation of Sections 140 and 266 b of the Danish Criminal Code.
My decision is that there is no violation of the said rules of the Danish Criminal Code.
My decision is published on the homepage of the Director of Public Prosecutions (www.rigsadvokaten.dk).
Although there is no basis for instituting criminal proceedings in this case, it should be noted that both provisions of the Danish Criminal Code contain a restriction of the freedom of expression.
Section 140 of the Criminal Code protects religious feelings against mockery and scorn and Section 266 b protects groups of persons against scorn and degradation on account of their religion among other things.
To the extent publicly made expressions fall within the scope of these rules there is, therefore, no free and unrestricted right to express opinions about religious subjects.
It is thus not a correct description of existing law when the article in Jyllands-Posten states that it is incompatible with the right to freedom of expression to demand special consideration for religious feelings and one has to be ready to put up with "scorn, mockery and ridicule".
My decision in the matter cannot be appealed to a higher administrative authority.
This follows from Section 99(3) of the Danish Administration of Justice Act.
Henning Fode
*****
Read it and tell me what you think:
Denmark's top prosecutor said Wednesday he will not press charges against the newspaper that first published the Prophet Muhammad cartoons that angered Muslims worldwide.... Director of Public Prosecutions Henning Fode upheld the decision of a regional prosecutor who ruled the drawings published in Jyllands-Posten Sept. 30 did not violate Danish law. Fode's decision cannot be appealed.
His ruling said the 12 cartoons, one of which shows the prophet wearing a turban shaped like a bomb, did not violate bans on racist and blasphemous speech.
"My decision is that there is no violation of the said rules of the Danish Criminal Code," Fode said in a statement.
A regional prosecutor said Jan. 7 that the drawings were protected by Denmark's freedom of speech and did not violate bans on racism and blasphemy.
... In his ruling, Fode noted that there was "no free and unrestricted right to express opinions about religious subjects" in Denmark.
He said Jyllands-Posten had thus been wrong in writing that religious groups had to be ready to put up with "scorn, mockery and ridicule." [Associated Press via Wall Street Journal Online; subscription required]
A few key items -- that there was "'no free and restricted right to express opinions about religious subjects' in Denmark."
And that the newspaper was "wrong in writing that religious groups had to be ready to put up with 'scorn, mockery and ridicule.'"
But nothing the newspaper did amounted to a crime under Danish laws, according to the prosecutor.
ALSO Read The Editors Weblog: Is Jyllands Posten relaunching the Mohammed cartoons controversy?
Posted by aisehman at March 16, 2006 09:25 AM
Trackback Pings
TrackBack URL for this entry:
http://www.aisehman.org/cgi-bin/mt/mtb.cgi/206