Reader Gordon called my attention to an article on the Radio New Zealand site (click screenshot to see it) that implies that New Zealand’s blasphemy law may stay in place (the ACT is a political party, and I’ll let Kiwi readers characterize it). But read on, as the headline is misleading.
The law against blasphemy is in section 123 of the Crimes Act of 1961, and says this:
Note that the law expressly applies to “any religious subject”, making it untenable, and also fails to define “blaphemous libel”. Both of these provisions make the law, like that in Ireland, unenforcible. Indeed, this law and its antecedents, which prohibited only blasphemy against the Anglican Church, have been used only once, and nobody was convicted. As Wikipedia notes:
To date the only prosecution for blasphemous libel in New Zealand has been the case of John Glover, publisher of the newspaper The Maoriland Worker in 1922.The Crown laid a charge of blasphemous libel over the 12 October 1921 issue of The Maoriland Worker which included two poems by British poet Siegfried Sassoon. The alleged blasphemy was the closing lines of Sassoon’s poem ‘Stand-to: Good Friday Morning’:
- O Jesus, send me a wound to-day,
- And I’ll believe in Your bread and wine,
- And get my bloody old sins washed white!
The case was tried in the Supreme Court in 1922. The jury returned a verdict of not guilty with a rider: “That similar publications of such literature be discouraged”.
In 1998, the Crown decided not to prosecute Te Papa museum for displaying Tania Kovats’ Virgin in a Condom. In 2006, the Crown decided not to pursue blasphemy charges against CanWest, a broadcaster, for airing an episode of South Park featuring a menstruating Virgin Mary statue. Usually, such cases must be referred to the New Zealand Attorney-General before they can proceed. However, the Attorney-General usually refuses to pursue blasphemy prosecutions on the basis of free speech objections, as the right to free speech is protected within New Zealand’s Bill of Rights Act 1990.
What harm, then, in a toothless blasphemy law? First, it’s an offense to a democratic and rational society that such laws remain on the books, and an indictment of the cowardice of the politicians who, knowing full well that the law is useless, still refuse to repeal it. As Grania pointed out today , there have been promises of a national Irish referendum on its blasphemy law, but those promises haven’t been kept. As Grania also mentioned, blasphemy laws like these are “being used to justify and push for more blasphemy laws by groups such as the OIC [the Organization for Islamic Cooperation] at the United Nations.”
At any rate, though the headline looks bad, it’s really not, as the Radio NZ article notes, attempts to repeal the law were inspired by the foolish investigation of Stephen Fry by the Irish Police, the bill is proceeding through the New Zealand legislature, and that even representatives of the Anglican Church in New Zealand have called for deep-sixing the blasphemy law. As reader Gordon told me:
Looks like the (long unused) NZ blasphemy law will finally be repealed. Don’t be fooled by the headline – the critical bit is “Instead, Labour MP Chris Hipkins tabled an amendment to the Statutes Repeal Bill to delete the crime of blasphemy, so no time would be wasted with a separate bill.”
The Statutes Repeal Bill is currently on its way through Parliament (it’s a non-contentious act where all parties agree to repeal obsolete legislation) and there is now a tabled amendment to that Bill which will repeal the relevant section of the Crimes Act (s 123).














