Blasphemy law in Australia
Encyclopedia
Australia's Constitution (Section 116
) prohibits Australia from having a state religion
, and the Crown has rarely acted to protect religion. The Crown has not prosecuted anyone for blasphemy since 1919. In some jurisdictions, such as Tasmania, Queensland, and Victoria, someone who is offended by someone else's attitude toward religion or toward one religion can seek redress under legislation which prohibits hate speech
.
n Criminal Code makes blasphemous libel
a crime but leaves its definition to common law
.
A person who is aggrieved because aspersions are cast upon his religious belief or affiliation or religious activity does not need to file a complaint under the Criminal Code. He can seek redress under the Anti-Discrimination Act (1998).
The last successful prosecution for blasphemous libel in New South Wales took place in 1871. The case was R. v. William Lorando Jones (unreported, Parramatta Quarter Sessions, Simpson J., 18 February 1871). In that case, the elderly Mr. Jones was found guilty for saying that the Old Testament was immoral and unsuitable for a female readership. The Court sentenced Mr. Jones to a fine of £100 and two years in jail. A public outcry over the sentence resulted in the release of Mr. Jones four weeks later.
A person who is aggrieved because aspersions are cast upon his religious belief or affiliation or religious activity can seek redress under the Anti-Discrimination Act (1991).
The Crown last laid a charge of blasphemous libel in 1919. The case concerned socialist journalist Robert Samuel Ross
, who had published a satirical piece in which Bolsheviks ransack heaven. The prosecutor dropped the charge but proceeded on a charge of sending blasphemous materials through the mail. The Court convicted Ross, and sentenced him to six months of hard labour.
A person who is aggrieved because someone is engaging in conduct that incites hatred against, serious contempt for, or revulsion or severe ridicule of him on the ground of his religious belief or activity can seek redress under the Racial and Religious Tolerance Act 2001
.
In 1977, the Criminal Law and Penal Methods Reform Committee stated that “today it would seem anachronistic to charge anyone with blasphemous libel.”
Section 116 of the Australian Constitution
Section 116 of the Constitution of Australia precludes the Commonwealth of Australia from making laws for establishing any religion, imposing any religious observance, or prohibiting the free exercise of any religion...
) prohibits Australia from having a state religion
State religion
A state religion is a religious body or creed officially endorsed by the state...
, and the Crown has rarely acted to protect religion. The Crown has not prosecuted anyone for blasphemy since 1919. In some jurisdictions, such as Tasmania, Queensland, and Victoria, someone who is offended by someone else's attitude toward religion or toward one religion can seek redress under legislation which prohibits hate speech
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
.
The Commonwealth of Australia
The Commonwealth does not recognize blasphemy as an offence. In 1991, the Australian Law Reform Commission proposed the removal of all references to blasphemy in federal legislation. All that remains as a law against blasphemy is a prohibition against the registration of a ship which has a blasphemous name. This law exists on a more practical level and is to prevent strained relations between Australia and other more religious nations and to protect the vessel and its occupants from harm whilst in foreign waters.Tasmania
The TasmaniaTasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
n Criminal Code makes blasphemous libel
Blasphemous libel
Blasphemous libel was originally an offence under the common law of England. It is an offence under the common law of Northern Ireland. It is a statutory offence in Canada and New Zealand...
a crime but leaves its definition to common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
.
A person who is aggrieved because aspersions are cast upon his religious belief or affiliation or religious activity does not need to file a complaint under the Criminal Code. He can seek redress under the Anti-Discrimination Act (1998).
New South Wales
Criminal law in New South Wales is currently governed by the Crimes Act 1900. The Act names blasphemous libel as an offence but leaves the definition of blasphemy to the common law. The Defamation Act 1974 makes reference to the offence.The last successful prosecution for blasphemous libel in New South Wales took place in 1871. The case was R. v. William Lorando Jones (unreported, Parramatta Quarter Sessions, Simpson J., 18 February 1871). In that case, the elderly Mr. Jones was found guilty for saying that the Old Testament was immoral and unsuitable for a female readership. The Court sentenced Mr. Jones to a fine of £100 and two years in jail. A public outcry over the sentence resulted in the release of Mr. Jones four weeks later.
Queensland
Queensland's Criminal Code Act of 1899 abolished blasphemy by repealing the Blasphemy Act of 1697. The Objectionable Literature Act of 1954 allowed the state to prevent the distribution of literature which is blasphemous, but was repealed in 1991.A person who is aggrieved because aspersions are cast upon his religious belief or affiliation or religious activity can seek redress under the Anti-Discrimination Act (1991).
Western Australia
The Criminal Code Compilation Act of 1913 abolished blasphemy by repealing the Blasphemy Act of 1697.Victoria
It is unknown whether blasphemy is a crime in Victoria where it might yet exist under common law.The Crown last laid a charge of blasphemous libel in 1919. The case concerned socialist journalist Robert Samuel Ross
Robert Samuel Ross
Robert Samuel Ross was an Australian socialist journalist, trade unionist, and agitator best known as the editor of a series of political magazines associated with the Australian labour movement in the 1890s and early 1900s....
, who had published a satirical piece in which Bolsheviks ransack heaven. The prosecutor dropped the charge but proceeded on a charge of sending blasphemous materials through the mail. The Court convicted Ross, and sentenced him to six months of hard labour.
A person who is aggrieved because someone is engaging in conduct that incites hatred against, serious contempt for, or revulsion or severe ridicule of him on the ground of his religious belief or activity can seek redress under the Racial and Religious Tolerance Act 2001
Racial and Religious Tolerance Act 2001
The Racial and Religious Tolerance Act 2001 was implemented by the Steve Bracks' Labor government in the state of Victoria, Australia. It was effective from 1 January 2002.-The Act:The explicit purposes of the Act are:...
.
South Australia
It is unknown whether blasphemy is a crime in South Australia where it might yet exist under common law.In 1977, the Criminal Law and Penal Methods Reform Committee stated that “today it would seem anachronistic to charge anyone with blasphemous libel.”