Denmark shocks its citizens by criminalizing anything considered insulting or demeaning against Islam and Muslims…saying it constitutes racism
- According to the court decision, pointing out the totalitarian and cruel aspects of Islam itself is now a criminal offense, considered “insulting and demeaning” to Muslims in Denmark and therefore constituting “racism.” In effect, this means that the court is conflating what might possibly constitute blasphemy with racism.
- Conversely, when a Danish imam called Jews “the offspring of apes and pigs,” he was officially reported to the police for breaching § 266b, but no legal charges were ever filed against him.
- In Denmark, apparently, it is a crime to criticize Islam and “Islamists,” but calling Jews the “offspring of apes and pigs” and inciting their murder in a packed mosque (and calling non-Muslims in general “animals”) can be done with impunity.
Last week, a Danish district court ruled that what a Danish citizen had written on Facebook in November 2013 violated the Danish criminal code.
In response to a debate about the local activities of a radical Islamic organization, Hizb-ut-Tahrir, which works for the re-establishment of the Islamic caliphate, he wrote: “The ideology of Islam is as loathsome, disgusting, oppressive and as misanthropic as Nazism. The massive immigration of Islamists into Denmark is the most devastating thing to happen to Danish society in recent history.”
According to § 266b of Denmark’s criminal code, it is prohibited and punishable by fine or prison publicly to threaten, insult or demean a group of persons because of their race, skin color, national or ethnic origin, faith or sexual orientation.
The man was fined 1600 Danish kroner (approximately $240), which makes it unlikely that he will be allowed to appeal the sentence: the fine is so small that an appeal to the Higher Court requires special permission.
The Danish district court found that the man’s statements about Islam were “generalizing statements” that were “insulting and demeaning towards adherents of Islam.”
The district court reached this conclusion despite the defendant’s testimony, according to which he specifically wrote “the ideology of Islam” in order to make a distinction between the religion of Islam and the ideology of Islam. The defendant explained that, “‘Islamist’ is a normal term for extremist groups, who commit crimes against humanity and do the most terrible things, whereas Islam is a peaceful religion.”
The district court decided to disregard “the defendant’s explanation that a distinction should be made between the ideology of Islam and the religion of Islam”.
The court reasoned that
“the statements that the defendant has made should be seen in the societal and historical context of the fall of 2013, and in this context the court sees the statements about ‘the ideology of Islam’ as pertaining to Islam generally and not only the extreme part of Islam. In this regard, the court has furthermore emphasized that the quoted statements were written on 29 November 2013 at 17.13 and that at 17.27 on the same day — as pointed out by the defense — the defendant wrote in the same [Facebook] thread that “Islam wishes to abuse democracy in order to get rid of democracy.”
For the incredulous reader, it should be pointed out that the court presumably meant that in 2013, Islamism as an ideology had not manifested itself through terrorism in Denmark and Europe in the same way as it has today, a few years later. This is, of course, nonsense, as pointed out by the defendant’s lawyer, Karoly Nemeth: “I believe the court is expressing a lack of historical understanding. The ideology of Islam has existed for over 1,000 years,” he said.
According to this court decision, then, pointing out the totalitarian and cruel aspects of Islam itself is now a criminal offense, considered “insulting and demeaning” to Muslims in Denmark and therefore constituting “racism.” In effect, this means that the court is conflating what might possibly constitute blasphemy with racism. Despite this decision being wrong in every single aspect, the court did, however, get one thing right: It refused to distinguish between Islam as an ideology and Islam as religion. The prosecutor, Bente Schnack, said it did not make a difference whether the defendant spoke of the ideology or the religion of Islam. “It is pretty difficult to tell the difference,” she said.
While the court’s decision was widely criticized in Denmark, two leading professors of Danish criminal law agreed with it. One professor, Gorm Toftegaard Nielsen, said that, “§ 266b is about subjecting a group of people to hatred by threatening, insulting or demeaning them. When you group Islamists with Nazis, then it is not a compliment.”
The following question, of course, inevitably arises: Since when is public debate supposed to be restricted to complimenting each other?
The professor continued: “When he [the defendant] says ‘the massive immigration of Islamists,’ it can easily be interpreted as meaning that those people
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