8/13/2019 Freedom of Expression Versus Freedom of Religion MSN News Arabia

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NEWS

Freedom of expression versus freedomof religion

Politicians and other public figures in Germany agree the controversial movie'Innocence of Muslims' is insulting and lacking in artistic value.

Volker Beck of the environmental Green Party slammed it as 'distasteful foolishness';the head of the German Bishops Conference, Archbishop Robert Zollitsch, branded thevideo an 'unacceptable and senseless provocation.'

But it is far from clear that the state can intervene to prevent the movie from beingdistributed in Germany, or to what extent. Opposition Social Democratic and Greenpoliticians say the film may be amateurish and confrontational but it lacks punishable

content.

Justice Minister Sabine Leutheusser-Schnarrenberger of the pro-market FreeDemocratic Party (FDP) has so far declined to take legal steps, calling instead on 'thebroad majority of society to make their opposition to the small number of agitators clear.'

A German right-wing group announced it was considering showing the film, portions ofwhich are accessible on the Internet, publicly in Berlin.

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8/13/2019 Freedom of Expression Versus Freedom of Religion MSN News Arabia

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While Chancellor Angela Merkel said on Monday that authorities are consideringwhether a public screening of the anti-Islam film can be banned, Foreign Minister GuidoWesterwelle (FDP) spoke out in favor of a ban. And Interior Minister Hans-PeterFriedrich pledged he would fight the propagation of the video 'with all legal instrumentsavailable.'

Legal situation in Germany

Yet these announcements can be seen at best as an appeal to Germany's states, saidChristoph Gusy, law expert at Bielefeld University. In Germany's federal system, 'theinterior minister has no authority to push through some bill against videos or theincitement of hatred through videos.'

Such questions would have to be dealt with on the regional level, as they fall within thecompetence of the country's 16 states. In case of a screening in Berlin, it would have tobe Berlin politicians and courts who could initiate the ban.

'There is essentially no judicial basis that would enable the authorities to act in suchcases. Religious feelings are protected by law but only in a very narrow sense. Notevery piece of propaganda or ridicule of religion is covered by that,' Gus explained.

Only such insults that are 'capable of disturbing the public peace,' would be affectedaccording to that law. But that's phrasing that leaves plenty of room for differentinterpretation. Gusy is skeptical as to whether a legal basis could be found to ban thepublic screening of the film. 'Public peace cannot infringe on constitutional rights.'

And the German constitution places a high value on the freedom of opinion and artistic

expression. In a pluralistic state like Germany, freedom of expression is a crucialcomponent of people living together. 'Everyone has the right to criticize others but alsohas to accept criticism himself - and that also goes for religious communities,' Gusysaid.

Authorities and courts therefore have to balance the freedom of religion against thefreedom of expression, Gusy said