\u201cIf you build it, they will come\u2026\u201d Novelist W.P. Kinsella\u2019s fictional Iowa farmer Ray built a makeshift baseball diamond to bring the faithful to him. Britain\u2019s government is orchestrating a plan to build a different kind of playground to attract the spiritually driven.\n<\/p>\n
\nBut this is no Field of Dreams <\/i>\u2013 more a place of nightmares. It\u2019s the quasi-legal gladiator pit for religious extremists that will be created by the government\u2019s Racial & Religious Hatred bill.\n<\/p>\n
\nThis is the bill that is supposed to protect the country\u2019s religious faithful from hateful words. More specifically it\u2019s supposed to win back Muslim votes lost since the Labour government began its war in Iraq, by granting imans the same medieval defence against blasphemy allowed Christian bishops.\n<\/p>\n
\nThe government thinks this trade off is a good deal, as it also provides a legal tool to use against radical Islamists preaching hate from the country\u2019s mosques. It also thinks it comes cheap. The Home Office expects to see fewer than two or three cases of incitement to religious hatred brought before the courts a year. Only 67 people have been tried, and 44 convicted, under 19-year-old legislation banning incitement of racial hatred in Britain. The government expects a sister law covering religious hate to be equally lightly applied.\n<\/p>\n
\nBut this calculation underestimates the religiously driven in Britain, their organisation, the focus for protest provided by the court option and the political fallout from a refusal to prosecute, let alone a failure to convict defendants in high profile cases. Calls to prosecute the blasphemous will become rallying cries. Religious extremists will lead, fired not by fear of violence or threat of crime, but by the desire to bring their apostates and critics to court to be punished and silenced.\n<\/p>\n
\nIt’s a known condition. Former Indian Attorney-General Soli Sorabjee SC cites the experience of his own country and has warned that criminal laws prohibiting hate speech and expression encourages intolerance, divisiveness and unreasonable interference with freedom of expression. “Fundamentalist Christians, religious Muslims and devout Hindus would then seek to invoke the criminal machinery against each other\u2019s religion, tenets or practices,” he reported. “That is what is increasingly happening today in India. We need not more repressive laws but more free speech to combat bigotry and to promote tolerance.\u201d\n<\/p>\n
\nTo stave off confrontations a new addition to the bill opened for a second reading by the House of Lords on 11 October explicitly prohibits citizen’s arrest under the proposed legislation. There had been fears that critics of a particular faith would monitor gatherings and then seek to \u2018arrest\u2019 the speaker.\n<\/p>\n
\nIn fact as the government official empowered to approve prosecutions under the proposed law and the new arbiter of legally permitted religious free expression in Britain, that will be the choice of Attorney General Lord Goldsmith QC. But though he may have to start spending time perusing Bollywood films for slights against Sikhs and paintings for offences against Greek Orthodox sensibilities, Goldsmith won\u2019t be allowed to take his role as Britain\u2019s new cultural commissar lightly.\n<\/p>\n
\nThe government says that the proposed act could not be used to silence or prosecute Salman Rushdie, or Gurpreet Kaur Bhatti, author of a play about moral corruption in a Sikh gurdwara, or the BBC producers of a TV showing of Jerry Springer \u2013 The Opera<\/i>, supposedly blasphemous to Christians.\n<\/p>\n
\nIt won\u2019t stop their enemies trying though. Rushdie lived under a death sentence for years; Kaur\u2019s play was pulled after a Sikh mob attacked the Birmingham theatre that put it on; BBC executives\u2019 families came under threat from angry Christians who hadn\u2019t even seen the musical. There are thousands ready to make the case for religious offence, marshalled by religious leaders from the pulpit, or nowadays, via the internet. Nearly 50,000 people were rallied against the BBC in this way to protest Jerry Springer \u2013 The Opera<\/i>.\n<\/p>\n
\nGoldsmith will become ringmaster of a medieval circus that the government wants nothing to do with, but is facilitating anyway for its own political advantage.\n<\/p>\n
\nBut if they build it they will come. The damage to inter-faith relations \u2013 and the safety and free speech rights of those artists and thinkers who offend the extremists – will be done. And it will happen regardless of whether Goldsmith lets a judge and jury rule on the substance of their allegations at the end of their campaigns.\n<\/p>\n
\nThe furore surrounding Goldsmith\u2019s 2003 legal opinion on the legality of the war on Iraq, allegedly under government pressure, tarnished his independence. More of that \u2013 accusations of partiality, no doubt some couched in anti-semitic abuse – will follow when Goldsmith issues his first refusal to prosecute under the act. Or whatever decision he makes, in whatever circumstance. For Goldsmith will have to rule on allegations raised by people not known for their tolerance.
\n<\/p>\n
<\/p>\n
Rohan Jayasekera<\/b> is an Associate Editor at Index on Censorship<\/i><\/p>\n","protected":false},"excerpt":{"rendered":"
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