In a hopeful decision, reports the Dutch news service NIS, the Supreme Court of the Netherlands…
produced an important ruling in principle in favour of freedom of speech. The highest court of the Netherlands acquitted a man of insulting Muslims although he dubbed Islam a tumour.
The man in question isn’t Geert Wilders, though the decision will obviously affect his case. A district court and an appeals court had found the man guilty. Here is how the court differentiated between insulting Islam and insulting Muslims:
The Supreme Court acquitted a man who in November 2004 stuck a poster in his window with the text: ‘Stop the tumour that is called Islam’. While people may not insult believers, they can insult their religion, according to the Supreme Court. “The sole circumstance of offensive statements about a religion also insulting its followers is not sufficient to speak of insulting a group of people due to their religion.”
The decision doesn’t automatically get Wilders off the hook.
The case was about Article 137c of the Criminal Code, which makes offensive statements about a group of people an offence. It was not about incitement to hatred or discrimination, the Supreme Court stressed.
Party for Freedom (PVV) leader Wilders, meanwhile internationally known for his struggle against Islam, will be tried for insulting Muslims as a group. The court that will handle his case will have to take yesterday’s Supreme Court ruling into account.
Originally, the Public Prosecutor’s Office (OM) did not want to prosecute the MP, because it did not consider any of his statements a punishable offence. But in January, an appeal court in Amsterdam ordered the OM to change its mind.
As well as for insulting Muslims, Wilders will also be on trial for incitement to hatred and discrimination against Muslims. When the Wilders case will come to court is not yet known.
Distinguishing between insulting Islam and insulting Muslims is a fine point but an important one and I didn’t realize the Dutch law made that distinction. A small opening for free speech.
Hat tip to Jihad Watch. Our posts on Geert Wilders and freedom of speech are here.