Justice Minister Dermot Ahern has insisted that a new crime of blasphemous libel is required by the Constitution. The Government moved to revive the crime by placing it onto a fresh statutory footing following advice from the office of the Attorney General.
Article 40 of the Constitution, guaranteeing freedom of speech, qualifies it by stating: ''The State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.
''The publication or utterance of blasphemous, seditious, or indecent material is an offence which shall be punishable in accordance with law,'' the article continues.
To satisfy the constitutional provision, Mr Ahern proposes to insert a new section into the Defamation Bill, stating: ''A person who publishes or utters blasphemous matter shall be guilty of an offence and shall be liable upon conviction on indictment to a fine not exceeding €100,000.''
''Blasphemous matter'' is defined as matter ''that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion; and he or she intends, by the publication of the matter concerned, to cause such outrage.''
Labour is proposing an amendment reducing the fine to €1,000.
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