[nasional_list] [ppiindia] Fwd: Media Eropa dan Penistaan Agama
- From: Nugroho Dewanto <ndewanto@xxxxxxxxxxxxxxxx>
- To: ppiindia@xxxxxxxxxxxxxxx
- Date: Wed, 08 Feb 2006 19:14:59 +0700
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>From: ging ginanjar <gingginanjar@xxxxxxxxx>
>
>Europe No Stranger to Blasphemy
>
>Sonia Phalnikar | www.dw-world.de | © Deutsche Welle.
>
>http://www.dw-world.de/dw/article/0,2144,1894616,00.html
>
>Europe No Stranger to Blasphemy
>
>Perceived religious sacrilege can get people hot under
>the collar
>Violent Muslim protests over cartoons published in
>European papers have left the continent reeling. But
>it's not the first time Europe has a raging
>"blasphemy" controversy on its hands.
>
>Burning European embassies, incensed mobs, boycotts of
>Western goods and a tight security ring around
>journalists fearing for their lives -- the events of
>the past week are certainly not what Danish paper
>Jyllands-Posten envisaged when it printed 12 cartoons
>satirizing the Prophet Mohammed last September. Now
>European newsrooms are grappling with the issue of
>press freedom and how far they can go in its name.
>
>
>"It's the burning question of the day," said Robert
>Shaw, information and human rights officer at the
>Brussels-based European Federation of Journalists.
>"The media needs to openly discuss the effects of the
>affair and also key things, like the importance of not
>compromising on editorial independence."
>
>Yet the matter appears to be more than an
>open-and-shut case about press freedom.
>
>As violent protests by Muslims spark disbelief in
>Europe and politicians agonize over a "clash of
>cultures and values," others point out that it's not
>the first time Europe has faced a "blasphemy"
>controversy.
>
>
>Nothing new
>
>"These things have an old tradition. It's really not a
>new story," said Götz von Olenhusen, a Freiburg-based
>expert on media law.
>
>Von Olenhusen pointed to one of the most famous cases,
>in the 1920s, involving three graphics by famous
>German artist George Grosz.
>
>One of them showed Jesus on the cross with a gas mask
>and army boots and the slogan "Hold your tongue and
>continue serving." The trial lasted three years and
>Grosz appealed twice until he was finally acquitted.
>
>The media law expert pointed out that even in recent
>years, the authors of satirical works on Christianity
>and the Church have ended up in court.
>
>Bildunterschrift: "This is how we'll become European
>Champion," says one Titanic cover about soccer
>The German satirical magazine Titanic has been dragged
>to court eight times in 15 years by church groups --
>four times for denigrating the pope, thrice for
>ridiculing religion and once because a bishop felt
>personally insulted. However, none of the suits ended
>in favor of the church groups.
>
>Anti-blasphemy law largely used by Christians
>
>But German regional courts have successfully used an
>anti-blasphemy law dating back to 1871 in a few less
>prominent cases.
>
>One involved a drawing of Jesus on the cross in the
>form of a mouse trap and another of the crucified
>Jesus with the words "Masochism is Curable." A musical
>play by the cabaret group "3 Tornados" which ridiculed
>the Catholic doctrine of the immaculate conception by
>portraying crucified pigs was also banned.
>
>The anti-blasphemy law says that anyone who publicly
>or through written works "insults the religious
>beliefs of another in such a way that it disturbs
>public peace" can be fined or face a prison sentence
>of up to three years.
>
>Though the law is not confined to the Christian
>religion, experts point out that it's been largely
>Christians who have invoked it.
>
>Germany "very liberal" on artistic freedom
>
>At the same time experts stress that, in Germany,
>cases of blasphemy are largely played out in public
>debate rather than ending up in court.
>
>On a European level, Germany also has very liberal
>laws when it comes to freedom of expression and art,
>von Olenhusen added.
>
> Bildunterschrift: Haderer was sentenced in Greece to
>jail time for "The Life of Jesus"
>Austrian caricaturist Michael Haderer, for instance,
>was sentenced in absentia to six months in prison in
>Greece for his comic book "The Life of Jesus." The
>work showed Jesus as a marijuana-smoking hippie. In
>Austria too, the tough anti-blasphemy law prohibits
>ridiculing religion and punishes the offense with
>six-month jail terms.
>
>Experts also remain certain that the controversy over
>the Mohammed caricatures couldn't be deemed
>blasphemous in Germany.
>
>Michael Schmuck, a media law expert in Berlin, pointed
>out that instances of blasphemy found in satirical
>works are covered by the German constitution's article
>on artistic freedom and are practically unassailable
>in most cases.
>
>"When it comes to artistic freedom, the courts usually
>admit only a personal injury towards a living
>religious person, such as the pope, and not just
>generally insulting a religion, as is the case in the
>Mohammed caricatures, since the Prophet isn't a living
>person," Schmuck explained.
>
>"Also the person who created the works must
>deliberately intend to disrupt the public peace,"
>Schmuck said. "That can hardly be said of the Danish
>caricaturists who were merely trying to draw attention
>to a social problem."
>
>Denmark itself, where the Mohammed drawings were first
>published, has a law providing for fines and up to
>four months in jail for anyone who "publicly offends
>or insults a religion that is recognized in the
>country."
>
>However, a court case brought against Jyllands-Posten
>by 11 Muslim groups last October was thrown out; The
>judges said freedom of expression was more important
>than the ban on blasphemy.
>
>"A question of good taste"
>
>In light of the controversy over the Mohammed
>cartoons, experts agree that the only question for the
>media is one of ethics and sticking voluntarily to
>self-imposed press codes.
>
>"At the end of the day, it's a question of good taste
>whether to publish such caricatures or not," said von
>Olenhusen.
>
>"You have to ask yourself what kind of statement
>you're making once the satirical elements have been
>stripped away," he said.
>
>
>Sonia Phalnikar
>
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