Denmark Criminalizes Hate Speech against the Muslim Minority?

coexist

The Muslim Times has changed the heading of the news in favor of the Muslim minority in Denmark. For our collection of articles on free speech, please click here.

Article 10 of European Convention on Human Rights provides the right to freedom of expression and its exceptions: Article 10 of the European Convention on Human Rights.  With this perspective one can read a positive message, in favor of the Denmark court and the Muslims, in between the lines below, what the writer of the original post meant against not only the extremists Muslims, but all Muslims.

Denmark Criminalizes Free Speech – Selectively

Source: Gatestone Institue, International Policy Council

By Judith Bergman

Judith Bergman is a writer, columnist, lawyer and political analyst.

  • According to the court decision, pointing out the totalitarian and cruel aspects of Islam itself is now a criminal offense, considered “insulting and demeaning” to Muslims in Denmark and therefore constituting “racism.” In effect, this means that the court is conflating what might possibly constitute blasphemy with racism.
  • Conversely, when a Danish imam called Jews “the offspring of apes and pigs,” he was officially reported to the police for breaching § 266b, but no legal charges were ever filed against him.
  • In Denmark, apparently, it is a crime to criticize Islam and “Islamists,” but calling Jews the “offspring of apes and pigs” and inciting their murder in a packed mosque (and calling non-Muslims in general “animals”) can be done with impunity.

Last week, a Danish district court ruled that what a Danish citizen had written on Facebook in November 2013 violated the Danish criminal code.

In response to a debate about the local activities of a radical Islamic organization, Hizb-ut-Tahrir, which works for the re-establishment of the Islamic caliphate, he wrote: “The ideology of Islam is as loathsome, disgusting, oppressive and as misanthropic as Nazism. The massive immigration of Islamists into Denmark is the most devastating thing to happen to Danish society in recent history.”

According to § 266b of Denmark’s criminal code, it is prohibited and punishable by fine or prison publicly to threaten, insult or demean a group of persons because of their race, skin color, national or ethnic origin, faith or sexual orientation.

The man was fined 1600 Danish kroner (approximately $240), which makes it unlikely that he will be allowed to appeal the sentence: the fine is so small that an appeal to the Higher Court requires special permission.

The Danish district court found that the man’s statements about Islam were “generalizing statements” that were “insulting and demeaning towards adherents of Islam.”

The district court reached this conclusion despite the defendant’s testimony, according to which he specifically wrote “the ideology of Islam” in order to make a distinction between the religion of Islam and the ideology of Islam. The defendant explained that, “‘Islamist’ is a normal term for extremist groups, who commit crimes against humanity and do the most terrible things, whereas Islam is a peaceful religion.”

The district court decided to disregard “the defendant’s explanation that a distinction should be made between the ideology of Islam and the religion of Islam”.

The court reasoned that

“the statements that the defendant has made should be seen in the societal and historical context of the fall of 2013, and in this context the court sees the statements about ‘the ideology of Islam’ as pertaining to Islam generally and not only the extreme part of Islam. In this regard, the court has furthermore emphasized that the quoted statements were written on 29 November 2013 at 17.13 and that at 17.27 on the same day — as pointed out by the defense — the defendant wrote in the same [Facebook] thread that “Islam wishes to abuse democracy in order to get rid of democracy.”

For the incredulous reader, it should be pointed out that the court presumably meant that in 2013, Islamism as an ideology had not manifested itself through terrorism in Denmark and Europe in the same way as it has today, a few years later. This is, of course, nonsense, as pointed out by the defendant’s lawyer, Karoly Nemeth: “I believe the court is expressing a lack of historical understanding. The ideology of Islam has existed for over 1,000 years,” he said.

According to this court decision, then, pointing out the totalitarian and cruel aspects of Islam itself is now a criminal offense, considered “insulting and demeaning” to Muslims in Denmark and therefore constituting “racism.” In effect, this means that the court is conflating what might possibly constitute blasphemy with racism. Despite this decision being wrong in every single aspect, the court did, however, get one thing right: It refused to distinguish between Islam as an ideology and Islam as religion. The prosecutor, Bente Schnack, said it did not make a difference whether the defendant spoke of the ideology or the religion of Islam. “It is pretty difficult to tell the difference,” she said.

While the court’s decision was widely criticized in Denmark, two leading professors of Danish criminal law agreed with it. One professor, Gorm Toftegaard Nielsen, said that, “§ 266b is about subjecting a group of people to hatred by threatening, insulting or demeaning them. When you group Islamists with Nazis, then it is not a compliment.”

The following question, of course, inevitably arises: Since when is public debate supposed to be restricted to complimenting each other?

The professor continued: “When he [the defendant] says ‘the massive immigration of Islamists,’ it can easily be interpreted as meaning that those people are as immoral as Nazis… It is not nice to compare those two groups. But that is what he does indirectly and that amounts to subjecting a group to hatred.”

What the Danish district court did was what the 57-member Organization of Islamic Cooperation has long sought: the establishment of Islamic “blasphemy laws,” making criticism of a religion a criminal offence. The UN Human Rights Commission’s Resolution 16/18 does exactly that, although it is non-binding — except presumably for the countries that want it to be. Infractions, as in Denmark now, are punishable by law. The UNHRC Resolution, originally known as “Defamation of Islam,” was changed in later versions — it would seem for broader marketability — to “Defamation of Religions.”

Conversely, in October 2014, when Mohamed Al Khaled Samha, a Danish imam from the Odense mosque, called Jews “the offspring of apes and pigs,” he was officially reported to the police, and local Danish police began an investigation of the imam with a view to charging him for breaching § 266b, but as far as Gatestone Institute has been able to ascertain, no legal charges were ever filed against him. (Incidentally, this imam was among the group of imams who traveled to the Middle East presumably to stir up anti-Danish sentiment in the aftermath ofJyllands-Posten newspaper’s printing of the Mohammed cartoons). In his sermon, Samha also said, “”Palestine has been and will remain the land of Islam. It is the land of the great battle, in which the Muslims will fight the Jews, and the trees and the stones will say: ‘Oh Muslim, oh servant of Allah! There is a Jew behind me. Come and kill him.'”

In July 2014 another Danish imam, Abu Bilal Ismail, from the Grimshøj mosque, prayed for the death of Jews at a sermon in a Berlin mosque. “Oh Allah, destroy the Zionist Jews. They are no challenge for you. Count them and kill them to the very last one. Don’t spare a single one of them,” Ismail said. This, too, was officially reported to the Danish police, who never acted against that imam, either.

Instead, it was German authorities who criminally charged him. In December 2015, he was sentenced to a €10,000 fine for inciting hatred against Jews as well as non-Jewish groups in Germany. The Berlin court found that Ismail targeted “Jews with hatred, as well as all other non-Muslim groups living in Germany.”

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1 reply

  1. United States free speech exceptions

    European Convention of Human Rights
    I think many of the exceptions for freedom of speech are tackled in the Article 10 of European Convention of Human Rights.
    This Article provides the right to freedom of expression, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society”. This right includes the freedom to hold opinions, and to receive and impart information and ideas, but allows restrictions for:

    interests of national security
    territorial integrity or public safety
    prevention of disorder or crime
    protection of health or morals
    protection of the reputation or the rights of others
    preventing the disclosure of information received in confidence
    maintaining the authority and impartiality of the judiciary

    We would certainly need the best legal minds humanity can offer to give concrete and legalistic details of the above exceptions that may be acceptable to people of all faiths, ethnicities and nationalities.

    If the Supreme Court Justices do not come to our rescue, may be a good and an accomplished writer can help out with a best selling book. But, the key is to at least, win the moderates, in all the established religions of the world and among the agnostics and atheists.

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