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GAZETTE
L A W B R
I
E F
AUGUST/SEPTEMBER
1994
By Dr. Eamonn
G.
Hall
Blasphemy
O'Mahony v Levine •
The issue of blasphemy arose in
recent High Court proceedings in the
case of
T.C.G. O'Mahony
-v-
Levine
and Others
(Costello J, October 17,
1994). A series of posters (re-
production paintings), contained the
words "Kill God" "Starve God" and
"Execute God" and were displayed on
billboards on several locations in the
city of Dublin. It was argued by Mr.
O'Mahony that the display of the
posters constituted the offence of
blasphemy which was prohibited
under Article 40.6.1.Í. of the
Constitution as well as blasphemous
libel under section 13 of the
Defamation Act, 1961. It was also
argued that the posters constituted
blasphemous, obscene and indecent
matter. The defendants informed
Costello J
that the posters had been
taken down and in the circumstances
the judge refused the injunctive relief
sought.
Article 40.6. l.i. of the Constitution of
Ireland provides the State guarantees
liberty for the exercise, subject to
public order and morality, of the right
of citizens to express freely their
convictions and opinions. However,
the Article specifically provides that
the publication or utterance of
blasphemous, seditious or indecent
matter is an offence which will be
punishable in accordance with the
law.
Otto-Preminger Institut v Austria
Blasphemy, as an issue, was also
considered by the European Court of
Human Rights in the recent case of
Otto-Preminger Institut v Austria
(Judgment, September 20, 1994). The
court held that a film contained
The Honourable Mr. Justice Declan Costello
blasphemous matter and that the
seizure and forfeiture of the film by
the Austrian authorities did not
infringe Article 10 of the European
Convention of Human Rights
(freedom of expression).
The applicant, Otto Preminger Institut
(OPI), a private non-profit making
association under Austrian law,
sought to promote creativity,
communication and entertainment
through the audio-visual media and its
activities included operating a cinema
in Innsbruck. OPI announced a series
of six showings of the film "Das
Liebeskonzil" (Council in Heaven) to
those of the public over 17 years of
age.
The film was based on a play written
by
Oskar Panizza
and published in
1894. In 1895 Panizza was found
guilty by the Munich Assize Court of
"crimes against religion" and
sentenced to a term of imprisonment.
The play was banned in Germany
although it continued in print
elsewhere.
The play portrays God the Father as
old, infirm and ineffective, Jesus
Christ as a "mummy's boy", a low
grade mental defective and the Virgin
Mary, who was obviously in charge,
as an unprincipled wanton. Together
they decide that mankind must be
punished for its immorality. They
reject the possibility of outright
destruction in favour of a form of
punishment which will leave mankind
both "in need of salvation" and
"capable of redemption". Being
unable to think of such a punishment
by themselves, they decide to call on
the devil for help.
The devil suggests the idea of a
sexually transmitted affliction, so that
men and women will infect one
another without realising it; he
procreates with Salome to produce a
daughter who will spread the
affliction among mankind. The
symptoms described by the devil are
those of syphilis.
The devil then dispatches his daughter
to do her work, first among those who
represent worldly power, then to the
court of the Pope, to the bishops, to
the convents and monasteries and
finally to the common people.
In the film, the God of the Jewish,
Christian and Islamic religions was
portrayed as prostrating himself
before the devil with whom he
exchanges a deep kiss and calling the
devil his friend. He is also portrayed
as swearing by the devil. Other scenes
show the Virgin Mary permitting an
obscene story to be read to her and the
manifestation of a degree of erotic
tension between the Virgin Mary and
the devil. The adult Jesus Christ is
portrayed in one scene as lasciviously
attempting to fondle and kiss his
mother's breasts, which she is shown
as permitting.
As the request of the Innsbruck
diocese of the Roman Catholic
Church, the Public Prosecutor
instituted criminal proceedings against
OPI's manager, Mr.
Dietmar Zingl,
on
the basis of "disparaging religious
doctrines", an act prohibited by the
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