The 57 state organization of the Islamic Conference has successfully brought a resolution prohibiting the defamation of religion to a vote of the United Nations every year since 1999. Now this same prohibition against free expression will be a central theme of the Durban II Conference, to be held in Switzerland next summer. While the title of the resolution appear benign, it singles out Islam as the victim of maltreatment, as no other religion is mentioned. The implications of such a resolution are far-reaching and scary, but that is not why I am writing this article. I am fascinated by the definition and interpretation of the term “defamation.”
My dictionaries define deformation as the publication of a false statement about a person, business, group, or government, all of which are tangible entities. Religion is merrily a set of beliefs held by some people, which cannot take offense or bring a tort or criminal claim against its detractors. Even if a religion could take offense, it’s standing to sue would be in question. For the purpose of a defamation claim, the religion would be required to prove that a statement against it was false, and no religion I know of has ever been able to prove its truth. By its nature, a religious belief is subjectively determined by its followers, and may be considered utter nonsense by anyone else. An impartial judge could not render a decision on such a matter, as the very nature of religion is inconclusive. But then, the judge in a deformation suit on behalf of Islam is not intended to be impartial, and would use the resolution to legitimize laws antithetical to the democratic values of free expression.
The purpose of laws to protect speech is not to defend a singular view by prohibiting criticism of that view, but rather to protect individuals and groups so they can share and develop their views. Therefore this resolution is nothing less than a political ploy by the Islamic Conference to stifle free expression and to prevent any criticism of Islam.
Gråulf.
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