tag:blogger.com,1999:blog-7498388463767378455.post7591737084920928314..comments2023-10-31T05:14:08.945+13:00Comments on Undeniably Atheist: Speaking of Blasphemy Laws...Unknownnoreply@blogger.comBlogger3125tag:blogger.com,1999:blog-7498388463767378455.post-34466065192738837882010-03-16T12:46:12.581+13:002010-03-16T12:46:12.581+13:00Interesting insight there David. The whole point o...Interesting insight there David. The whole point of my post is that it's a stupid law that has no place in a modern society though. So if there are laws that in 99% of cases (NZBORA) overrides the blasphemy law, what purpose does the blasphemy serve?KJhttps://www.blogger.com/profile/10817974804323066290noreply@blogger.comtag:blogger.com,1999:blog-7498388463767378455.post-5747829207818950122010-03-16T12:15:02.489+13:002010-03-16T12:15:02.489+13:00*actioned... not enacted xD*actioned... not enacted xDDavidnoreply@blogger.comtag:blogger.com,1999:blog-7498388463767378455.post-47275363600497094872010-03-16T12:13:57.874+13:002010-03-16T12:13:57.874+13:00no. you're not.
Firstly, the criminal law is...no. you're not. <br /><br />Firstly, the criminal law isn't concerned with what is called de minimis actions; minor actions. <br /><br />secondly you are only a -criminal- if you're found guilty under s123. you have not been charged and convicted of the crime.<br /><br />Further, in any case the construction of s123(3) allows you to convey a range of opinions. You could argue that your language is indecent and thus you have contravened s123(3). However, all NZ legislation must be read in accordance with the New Zealand Bill of Rights Act 1990 whereby s6 requires an interpretation consistent with that act. Therefore, the courts in deciding whether you have committed the crime would likely allow this expression (ignoring the de minimis claim). This is particularly the case considering they allow a range of rude words (notably repeatedly shouting the F word in the middle of Cathedral Square in Christchurch) and they would not want to contravene your s14 NZBORA right to freedom of expression.<br /><br />That is why there have not been prosecutions under this section. There is a whole collection of legislation which is never enacted. Just because something is written down doesn't necessarily make it true in a practical every day sense.<br /><br />All law is open to interpretation; just like any document really.Davidnoreply@blogger.com