The Adminstrative Court has today dismissed a judicial review brought by the fundamentalist organisation Christian Voice. Its director Stephen Green had challenged the decision of the District Judge in the Westminster Magistrates’ Court not to issue summonses for blasphemous libel against the producer of the stage musical Jerry Springer – the Opera and the director of the BBC, which showed the opera. In effect the District Judge’s decision http://www.gooakley.com/ blocked Green’s attempted private prosecution, which is why he tried to judicially review it.

Well, he’s been soundly beaten. The Court ruled that section 2(4) of the Theatres Act 1968 –

(4) No person shall be proceeded against in respect of a performance of a play or anything said or done in the course of such a performance

(a) for an offence at common law where it is of the essence of the offence that the performance or, as the case may be, what was said or done was obscene, indecent, offensive, disgusting or injurious to morality…..

in effect exempts theatres, producers and all those involved in putting on a play from prosecution for the offence of blasphemous libel. It also ruled that Schedule 15, paragraph 6 of the Broadcasting Act 1990, which is in similar terms, also exempts broadcasters from the offence.

A major blow for Christian Voice, then – and a blow for freedom, as Liberty have rightly been saying today.

What’s more, the Court made clear that even outside the theatre and cheap oakley broadcasting, it will be impossible to successfully prosecute unless the alleged blasphemy causes civil strife or damage to the fabric of society – an incredibly high test. In reality, no one will ever be prosecuted for blasphemous libel: this case closes and nails down the coffin lid on it.

I dare say Christian Voice will try an appeal, but I don’t myself see how that can succeed. To be frank, I think they were lucky the District Judge didn’t rule their application for a summons vexatious.

2017-03-20T03:49:48+00:00Tags: , , , |