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MT 7 August 2016

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maltatoday, SUNDAY, 7 AUGUST 2016 16 W hen in March 2014 Saudi Arabia passed a decree criminalising atheism and making it equivalent to a terrorist offence, an online wave of Islamic blasphemy and vilification was initiated by Saudi activists as a form of resistance. Saudi atheists started uploading pic- tures of shredded Qurans with mes- sages underneath saying "Proud to be atheist". Hafsa, a 23-year old Saudi woman, posted pictures on her twitter account of herself stepping on a shred- ded Quran with red high-heeled shoes. In another picture, she is seen stepping on a Quran with her bare feet and toe- nails painted pink. Hafsa is not the only Arab woman making feminist statements against Islam. Alia Magda Elmahdy is an Egyp- tian member of Femen and has stirred various controversies with her actions, some of which included pictures of herself defecating on an ISIS flag and topless protests against the hijab and Islamic patriarchy. On the other hand, a number of pop- ular authors and activists in Europe have also expressed themselves against Islam in what comes across as an offen- sive way. In 2002 Michel Houellebecq was taken to court by Muslim organi- sations for saying that Islam was "stu- pid" and "dangerous", but the courts acquitted him of any misdemeanour. Indeed, the far right, which panders to the uneducated and the disenfran- chised with racist discourse against Muslims and immigrants, does not have a monopoly on the vilification of Islam. Vilification cannot be defined objectively and its use and essence is subjective to its conditions, content and intent and there are many different forms and levels of reli- gious vilification. This is why cutting a straight line in legal terms by ban- ning any form of vilification on religion will naturally not only impact racist discourse, but will impact other sections of society such as the arts. We have experienced this already with incidents and cases which happened under the previ- ous Lawrence Gonzi administration. Jason Azzopardi, who has crusaded against Labour's anti-censorship reforms, was a Cabinet member under Gonzi's administration and is now aspiring to become Justice and Home Affairs minister. In response to the recent desecration of the Quran in the prayer room of Mater Dei Hospital, Simon Busuttil and Ja- son Azzopardi have stepped up their campaign against these anti-censorship reforms by claiming they give outright per- mission for such acts to take place. But what happened at Mater Dei has already been described by lawyers as a crime which can be prosecuted by the current legal framework, including the hate crime laws. Some very important considerations a court of law makes about such a case is the context and the intent. If an artist desecrates and vilifies the Quran as part of his or her art exhibition in an enclosed space used for artistic purposes then there wouldn't be a problem and no one would be prosecuted; but given the fact that the context of the des- ecration of the Quran which happened at Mater Dei was an act of vandalism in a public space used for holy worship, the law against hate speech may easily become applicable. There is also the issue of the intent and this would have to be explained by the defendant. The Mater Dei desecration act can lead to a prosecution even with laws protecting pub- lic property and the public peace. Jason Azzopardi betrays an underlying and very danger- ous populist message which has to be fought on ideological grounds by those who cherish freedom and democracy. The Nationalists are supporting an outright ban on the vilification of religion in any case and context. They once proposed that instead of removing the vilification law, a new law should be introduced which excludes artists from the vilification law, but such a proposal is downright stu- Mark Camilleri Comment The notion that a vilification law is needed for national security defeats its own purpose. Parading people to court for vilifying Islam will only exacerbate security problems by making martyrs out of so called vilifiers, making the vilifying act even more popular in the process Slice of bacon placed inside the Qurans at the Mater Dei hospital multi- faith room The notion that a vilification law is needed for national security defeats its own purpose. Parading people to court for vilifying Islam will only exacerbate security problems by making martyrs out of so called vilifiers, making the vilifying act even more popular in the The threat of Islamic terror and our freedom of speech

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