Atheist Ireland 🖋 has written to the Minister for Justice, Jim O’Callaghan, about a recent WRC ruling that has undermined freedom of expression in Ireland.
Ireland removed blasphemy from the Constitution in 2018. Public bodies should be careful not to recreate similar effects by allowing sanctions for offensive criticism of religion.
While this ruling is not technically a blasphemy law, its practical effect is similar. A person has been denied access to a service for life, because their criticism of religion was expressed in terms deemed offensive or unacceptable.
The central issue that we are raising is not whether the words used were offensive. It is whether a lifetime ban from a service, imposed after a person answered a question about religion in an informal conversation that he did not initiate, is a lawful, necessary, and proportionate restriction on freedom of expression.
In the case, the WRC rejected a challenge by a former seminarian against a yoga studio. The studio banned him for life after he responded to a question about Christmas by saying it was hocus pocus that celebrated the rape and abandonment of a child.
The WRC found that the man had established a prima facie case of religious discrimination against the Mayo yoga studio. However, it found that the studio’s owner and yoga teacher had successfully rebutted the inference of discrimination by arguing her decision was based on how he expressed his beliefs rather than what the beliefs were.
The WRC decision did not apply any proportionality test, weighing whether restrictions on this formulation of words are prescribed by law, pursue a legitimate aim, and are necessary in a democratic society. It did not try to balance the competing interests, nor did it take into account that he would not have expressed his views if he had not been asked to do so.
No doubt some people would be offended by the language he used when responding to a question. However, it is language that is consistent with the balance between freedom of expression and freedom of religion and belief. Such language might have been unlawful when we had a law against blasphemy, but not since we removed that law by referendum.
The WRC only took into account the formulation of the words used, and decided that it was not discrimination under the Equal Status Act to punish someone in those circumstances. This means that people can be discriminated against if a service provider does not like the formulation of the words used when asking for someone’s opinion on a particular subject in an informal setting. This completely undermines freedom of expression.
Overview of the case
The context was that, before the yoga class started, the teacher and her clients were informally discussing things as they usually did. She asked the man if he was all set for Christmas. He said it was hocus pocus, celebrating a religious cult which has its origins based on the rape of a child. She said the Church had a good moral code. He said look at the child abuse, the paedophilia, and Tuam. She said right, well, let’s get on with the yoga.
After the class, the teacher wrote to the client saying that his continued presence constituted a threat to her clients and her business operations. She said his behaviour was disruptive to the point of causing unease among other clients. Following further correspondence, she said he was banned for life from the studio. There was no evidence presented that any of the clients of the service had left the service because of his response.
Our concerns about the ruling
Clearly, as the WRC ruling says, nobody has the right to use “any formulation of language, in any setting, without consequence.” But this ruling ignores the key question of exactly how, in this case, the “manner by which he expressed his views” crossed the line into such consequences.
He was not promoting violence or discrimination. The owner and/or others simply did not like the formulation of words he used, in response to a question, in a conversation he did not even initiate.
On this basis, the WRC has endorsed banning a client for life from a service. Restricting freedom of expression in this manner is not reflected in any legislation. It undermines freedom of expression and all our international obligations.
Article 40.6.1 of the Constitution guarantees freedom of expression which can only be limited by the protection of public order or morality. There was no threat to either public order or morality in this yoga class.
The whole point of the right to freedom of expression is to permit the expression of controversial views that do not cross the legal line of the proportionality test. And this includes the right to express beliefs about religious or philosophical ideas that offend, shock, or disturb.
What the European Court has said
The European Court held in Handyside v UK 1976 that:
What the Venice Commission has said
In 2008, the Venice Commission (European Commission for Democracy through law) on the relationship between Freedom of Expression and Freedom of Religion. It said:
Conclusion
We are raising with the Minister for Justice that the Equal Status Acts, WRC procedures, and/or Departmental guidelines should be clarified to ensure that freedom of expression and freedom of religion and belief are properly protected when service providers respond to controversial or offensive views.
Ireland removed blasphemy from the Constitution in 2018. Public bodies should be careful not to recreate similar effects by allowing sanctions for offensive criticism of religion.
While this ruling is not technically a blasphemy law, its practical effect is similar. A person has been denied access to a service for life, because their criticism of religion was expressed in terms deemed offensive or unacceptable.
The central issue that we are raising is not whether the words used were offensive. It is whether a lifetime ban from a service, imposed after a person answered a question about religion in an informal conversation that he did not initiate, is a lawful, necessary, and proportionate restriction on freedom of expression.
In the case, the WRC rejected a challenge by a former seminarian against a yoga studio. The studio banned him for life after he responded to a question about Christmas by saying it was hocus pocus that celebrated the rape and abandonment of a child.
The WRC found that the man had established a prima facie case of religious discrimination against the Mayo yoga studio. However, it found that the studio’s owner and yoga teacher had successfully rebutted the inference of discrimination by arguing her decision was based on how he expressed his beliefs rather than what the beliefs were.
The WRC decision did not apply any proportionality test, weighing whether restrictions on this formulation of words are prescribed by law, pursue a legitimate aim, and are necessary in a democratic society. It did not try to balance the competing interests, nor did it take into account that he would not have expressed his views if he had not been asked to do so.
No doubt some people would be offended by the language he used when responding to a question. However, it is language that is consistent with the balance between freedom of expression and freedom of religion and belief. Such language might have been unlawful when we had a law against blasphemy, but not since we removed that law by referendum.
The WRC only took into account the formulation of the words used, and decided that it was not discrimination under the Equal Status Act to punish someone in those circumstances. This means that people can be discriminated against if a service provider does not like the formulation of the words used when asking for someone’s opinion on a particular subject in an informal setting. This completely undermines freedom of expression.
Overview of the case
The context was that, before the yoga class started, the teacher and her clients were informally discussing things as they usually did. She asked the man if he was all set for Christmas. He said it was hocus pocus, celebrating a religious cult which has its origins based on the rape of a child. She said the Church had a good moral code. He said look at the child abuse, the paedophilia, and Tuam. She said right, well, let’s get on with the yoga.
After the class, the teacher wrote to the client saying that his continued presence constituted a threat to her clients and her business operations. She said his behaviour was disruptive to the point of causing unease among other clients. Following further correspondence, she said he was banned for life from the studio. There was no evidence presented that any of the clients of the service had left the service because of his response.
Our concerns about the ruling
Clearly, as the WRC ruling says, nobody has the right to use “any formulation of language, in any setting, without consequence.” But this ruling ignores the key question of exactly how, in this case, the “manner by which he expressed his views” crossed the line into such consequences.
He was not promoting violence or discrimination. The owner and/or others simply did not like the formulation of words he used, in response to a question, in a conversation he did not even initiate.
On this basis, the WRC has endorsed banning a client for life from a service. Restricting freedom of expression in this manner is not reflected in any legislation. It undermines freedom of expression and all our international obligations.
Article 40.6.1 of the Constitution guarantees freedom of expression which can only be limited by the protection of public order or morality. There was no threat to either public order or morality in this yoga class.
The whole point of the right to freedom of expression is to permit the expression of controversial views that do not cross the legal line of the proportionality test. And this includes the right to express beliefs about religious or philosophical ideas that offend, shock, or disturb.
What the European Court has said
The European Court held in Handyside v UK 1976 that:
The Court’s supervisory functions oblige it to pay the utmost attention to the principles characterising a ‘democratic society’. Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man.
Subject to paragraph 2 of Article 10 (art. 10-2), it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population.
Such are the demands of that pluralism, tolerance and broadmindedness without which there is no ‘democratic society’. This means, amongst other things, that every ‘formality’, ‘condition’, ‘restriction’ or ‘penalty’ imposed in this sphere must be proportionate to the legitimate aim pursued.
From another standpoint, whoever exercises his freedom of expression undertakes ‘duties and responsibilities’ the scope of which depends on his situation and the technical means he uses. The Court cannot overlook such a person’s ‘duties’ and ‘responsibilities’ when it enquires, as in this case, whether ‘restrictions’ or ‘penalties’ were conducive to the ‘protection of morals’ which made them ‘necessary’ in a ‘democratic society’.
What the Venice Commission has said
In 2008, the Venice Commission (European Commission for Democracy through law) on the relationship between Freedom of Expression and Freedom of Religion. It said:
43. Freedom of expression, guaranteed by Article 10 ECHR, constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2 of Article 10, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend shock or disturb.
44. A democracy should not fear debate, even on the most shocking or anti-democratic ideas. It is through open discussion that these ideas should be countered and the supremacy of democratic values be demonstrated. Mutual understanding and respect can only be achieved through open debate. Persuasion through open public debate, as opposed to ban or repression, is the most democratic means of preserving fundamental values.”
Conclusion
We are raising with the Minister for Justice that the Equal Status Acts, WRC procedures, and/or Departmental guidelines should be clarified to ensure that freedom of expression and freedom of religion and belief are properly protected when service providers respond to controversial or offensive views.
⏩ Follow Atheist Ireland on Twitter @atheistie
























