A/HRC/9/7
page 17
59. The responses did not provide sufficient information to draw any common elements.
Information is also insufficient to determine how the concept of defamation and related ideas are
interpreted and applied, or if they reflect international normative standards.
G. Caution about defamation of religions
60. Some of the responses raised concerns about the concept of defamation of religions and
caution against its adoption as an international normative notion. For example, the Becket Fund
for Religious Liberty submitted that the concept of defamation of religions is not recognized in
international human rights law and that it would be inconsistent with the foundation of
international human rights law. The Becket Fund stated that the concept of defamation as
recognized in national laws is designed to protect against harm to reputation with adverse
consequences. As applied in national laws, the concept of defamation strikes a balance with
freedom of expression and, in many legal systems, there are reasonably well-defined criteria and
an extensive jurisprudence on relevant issues, such as what is regarded as defamatory
information, harm to reputation and the element of truth as a defence. These criteria could not be
equally applicable to a concept of defamation of religions that would protect ideas, as this would
be contrary to the notion of freedom of religion or belief.
61. Some of the critics also noted that terms such as contempt, interference with conscience,
outrage and ridicule that are sometimes used interchangeably or synonymously with defamation
of religions are too vague and imprecise and, therefore, potentially give unbridled, subjective
power to the State to constrain critical, unpopular or disfavoured speech and views. They also
pointed out that it would entail the interpretation and some process of ranking of religious texts
and of religions in order to determine the truthfulness of a purportedly defamatory statement or
view. This would be contrary to the notion of freedom of religion as understood in international
human rights law, which includes the freedom not to believe, and raises the risk of
discrimination in favour of State-preferred religions.
62. The Council of Europe also cited a decision of the European Court of Human Rights,
which made the point that those who manifest religion could not expect to be exempt from
criticism and must “tolerate and accept the denial by others of their religious beliefs and even the
propagation by others of doctrine hostile to their faith”.
IV. CONCLUSIONS
63. The sample of the replies presented in the present report is too limited and not
sufficiently detailed for conclusions to be drawn about the status of laws related to the
implementation of Council Resolution 7/19. Nevertheless, the examples provide some
indication of the range of laws related to the protection of freedom of religion, as well as of
potential constraints.
64. Most of the replies reflected concern that there is a growing trend towards the
negative portrayal of religion in the media and in political discourse, and policies and
practices that seem targeted at people because of their religion.
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