Important Insulting prophet Mohammed (scw) not free speech European court rules

Discussion in 'Religion' started by Hatredfree, Oct 31, 2018.

  1. Hatredfree

    Hatredfree Where you stay Is where you from

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    https://www.dailysabah.com/europe/2018/10/25/insulting-prophet-muhammad-not-free-speech-ecthr-rules


    (ECtHR) ruled Thursday that an Austrian woman's criminal conviction and fine for her statements accusing the Prophet Muhammad of pedophilia did not breach her right to free speech.

    The decision by a seven-judge panel came as an Austrian national identified as E.S. by the court, had held seminars on Islam in 2008 and 2009 for the far-right Freedom Party (FPO) where she discussed the prophet's marriage to his wife Aisha, a child at the time, and implied that he was a pedophile.

    An Austrian court convicted her of disparaging religious doctrines in 2011 and fined her 480 euros (548 dollars), a judgment that was upheld on two appeals.

    Stating that the court had found that "the applicant's statements had been likely to arouse justified indignation in Muslims" and "amounted to a generalization without factual basis", the Strasbourg-based ECtHR said that the woman's comments could not be covered by the freedom of expression.

    The court said it "found in particular that the domestic courts comprehensively assessed the wider context of the applicant's statements and carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected, and served the legitimate aim of preserving religious peace in Austria."

    The statement also added that there had been no violation of Article 10 of the European Convention of Human Rights, covering freedom of expression. "Relying on Article 10 (freedom of expression), E.S. complained that the domestic courts failed to address the substance of the impugned statements in the light of her right to freedom of expression."

    ES' statements "were not phrased in a neutral manner aimed at being an objective contribution to a public debate concerning child marriages," the ECtHR held, adding that the moderate fine imposed on her could not be considered disproportionate.

    The Austrian courts had drawn a distinction between pedophilia and child marriage, which was also a common practice historically in European ruling families.

    The ECtHR also underlined that it classified the 'impugned' statements as "an abusive attack on the Prophet of Islam, which was capable of stirring up prejudice and putting at risk religious peace."

    It noted that the Austrian courts had held that ES was making value judgments partly based on untrue facts and without regard to the historical context.

    Religious beliefs must be subject to criticism and denial, the ECHR observed, but when statements about religions went beyond critical denial and were likely to incite religious intolerance, states could take proportionate restrictive measures, the court said.

    Austria, a country of 8.8 million people, has roughly 600,000 Muslim inhabitants. Lately, it has emerged as the leader of Islamophobia among European countries. The coalition government, an alliance of conservatives and the far right, came to power soon after Europe's migration crisis on promises to prevent another influx and restrict benefits for new immigrants and refugees. In April, Austria's far-right Chancellor Sebastian Kurz threatened to close one of the biggest mosques in Vienna and urged municipal authorities to be stricter regarding state subsidies for Muslim organizations in the city.


    :salute:Allahuakbar.
     
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  2. NA9

    NA9 VIP

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    Good
    Nothing annoys me more than when white people go out of their way to insult Islam, the Prophet and hijab. And when we rightfully get offended they portray us as the “angry muslims” when the whole reason they did it was to get a reaction out of us.
     
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  3. Hatredfree

    Hatredfree Where you stay Is where you from

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    I know right. They expect us to take their insults as fair criticism. If I don't agree with your insults what makes you think it's fair?
     
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  4. NA9

    NA9 VIP

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    Right. And then they say things like “you can criticise other religions but when it comes to Islam...” like its not our fault others dont take their religions as seriously as we do:manny:
     
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  5. Xalimo from da block

    Xalimo from da block

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    Another W for Muslims
    They should suffer the consequences of hate speech if they insult Islam :yacadiim:



    Aflagaadada diinteena sharafta badan waa mamnuuc:fittytousand:
     
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  6. Hatredfree

    Hatredfree Where you stay Is where you from

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    They don't attack jews like they attack Muslims because of Europe's antisemitism law's, it's about time Muslims are granted equal protection from anti peace extremists that hide under free speech to wage their hate crusade against minorities under some false free speech pretext.
     
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  7. Abkaal

    Abkaal Mudug menaces don't mince their words

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    What about the black Islamophobes?
     
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  8. CaliSomali

    CaliSomali

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    White people have no manners compared to other races. Most people don't go around insulting other people's religions and prophets, but whiteys always feel the need to do so. If one of them comes for the Prophet in front of me, best believe I'll take cheap shots at their appearance, race, etc. The only things I care for are the deen and my country. Nothing more, nothing less.
    :hillarybiz:
     
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  9. NA9

    NA9 VIP

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    They can go to hell too :camby:
     
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  10. NA9

    NA9 VIP

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    Cadaans cant mind their business see how they always say that hijabis are opressed and celebrate when hijabis remove their hijab. Like even if we were oppressed how is that their business. How does it affect their lives? You would never catch me going up to a nun and telling her she is oppressed because I frankly dont care, so why do they think they have a right to do that to us.
     
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  11. Life

    Life

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    Problematic ruling. As much as I love the prophet and Islam dictating what free speech can and cannot be is wrong. If you are gonna have free speech it should be full out. I obviously wouldn't be happy with someone insulting the prophet.

    The problem with the regulated free speech is when is it criticism and when is it an insult?
     
    Last edited: Oct 31, 2018
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  12. Abkaal

    Abkaal Mudug menaces don't mince their words

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    The only country to ban Islam is an African country:Sutehja:
     
  13. CaliSomali

    CaliSomali

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    Whites, for all their moaning about multiculturalism and globalism, always meddle into everyone else's business. They come to our countries and tell us how to do things, overthrow our leaders, and bomb us to smithereens. But they still feel the need to lecture you on your hijab.
    :mjlol:
     
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  14. NA9

    NA9 VIP

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    Wow which country? How can you ban a whole religion lol?
    But remember that 48% of Africans are muslims. And 1/3rd of the muslim population globally is in Africa.
     
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  15. NA9

    NA9 VIP

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    Lol they complain about multiculturalism. They wiped out the natives of three whole continents and went around destroying most of the world. Cant name a country which isnt influenced by their shit cultures. They say blacks are inherently violent but nobody else is as bloodthirsty as them.
     
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  16. Hatredfree

    Hatredfree Where you stay Is where you from

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    Proplematic ruling kulaha, which part is problematic? The free ticket to insult the prophet by islamophobes or the intention to disturb common peace? Also pick a side.
     
  17. Abkaal

    Abkaal Mudug menaces don't mince their words

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    Angola banned Islam
     
  18. doroafels

    doroafels

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    That was fake news.
     
  19. Life

    Life

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    First of all, if you read my post I explicitly said that I wouldn't be happy with someone insulting the prophet. If you think a piece of ruling is gonna stop Islamaphobes then you are crazy, matter of fact it will only make it worst.

    Second of all, I think that if you are gonna have freedom of speech then have freedom of speech.

    and what do you mean pick a side, I think I've made my point very clear.
     
  20. Abkaal

    Abkaal Mudug menaces don't mince their words

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