Mohammed Cartoons Likely Protected by German Law

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Mohammed Cartoons Likely Protected by German Law

Germany's stance on Holocaust denial has been targeted by some Muslims in the current row over Mohammed caricatures. But experts said the pictures -- unlike Holocaust denial -- are likely protected under German law.

"Most of Europe would not dare mock the Holocaust, and rightly so," Inayat Bunglawala of the Muslim Council of Britain said in an interview, adding that the continent, however, would tolerate cartoons that were insulting to Islam.

"Some want to strike back and want to put Holocaust deniers in the same category," said Wolfgang Wippermann, a professor at the Freie University in Berlin who studies Nazism and right-wing extremism.

"But that is like comparing apples and oranges," he added. "The caricatures, whether good or bad, are a part of press freedom. The other side is a denial of historical fact that also has political aims."



Religious sensitivities vs. free speech

Udo Branahl, a professor of media law at the University of Dortmund, said that he had not seen all of the caricatures.

But the one which appears to have caused the most offense -- depicting Mohammed with a bomb in his turban -- would likely be protected by press freedom laws, he said. That's despite the fact that German law states that one cannot capriciously trample of the religious sensitivities of parts of the population.


Bildunterschrift: Großansicht des Bildes mit der Bildunterschrift: A caricature of Osama bin Laden would have upset fewer people
"This caricature is obviously aimed at discrediting bombers who bomb in the name of Islam," he said. "The idea that bomb planting could be supported by the teachings of Mohammed is so absurd that it would be protected by the freedom of expression law."

But he adds there are limits, here as well. If the public peace would be disturbed, or it proven that the goal of the offending material was to insult a religion or a religious community, it could be a case for the justice system.

"If the caricature were, say, Mohammed as a pig, then I'm sure that it would be banned in Germany," he said.

Reporting or provocation?

While the verdict is still out as to whether or not the Mohammed cartoons violate German law, several complaints have been filed with the German Press Council, which monitors ethical violations in the media. According to managing director Lutz Tillmanns, individuals offended by the caricatures have a right to submit a complaint, which will then be reviewed by the Press Council's board of members.

Tillmanns refused to say how many complaints had actually been filed against the German reprint of the cartoons, but added that passing judgment on them fell within the responsibilities of the council, which defines and maintains the standards of the press in keeping with the framework of the German constitution. Last year, the press watchdog received 750 complaints, most of which focused on purported instances of libel and slander in the press. However, instances of discrimination and sensationalist reporting with the intent to provoke have also been recorded.

In illustrating the extent to which the council was justified in reprimanding the media, Tillmanns explained it was important to differentiate between reporting an issue and endorsing it for ulterior purposes. "One has to ask if the subject matter is presented as a quote with the intent of clarifying an issue for the reader or whether it is purporting a certain position," the lawyer said.

"It must clearly and unequivocally distance itself from a subject and not be a one-to-one sensationalist approach," he stated, but declined to say which case applied to the Mohammed caricatures.

Kyle James and Kristin Zeier
http://www.dw-world.de/dw/article/0,2144,1896821,00.html

Muslims are very senstive people... *sigh*
 
Europe's Blasphemy Laws

Europe's Blasphemy Laws
http://www.dw-world.de/dw/article/0,2144,1894686,00.html

Opinion: Caricatures Raise Questions of Freedom, Fairness

Should Islamic states accept caricatures of the Prophet Mohammed appearing in other countries? Or should press freedom end where religious beliefs begin? DW's Peter Phillip looked at the issues involved.

"We would never want to insult anyone over their religious beliefs, because we are strong proponents of religious freedom," wrote a contrite-sounding Carsten Juste, editor-in-chief of the Danish newspaper Jyllands-Posten. "We respect every person's right to freely practice their own given religion."

So said Juste, writing in an "open letter to all Muslims living in Denmark," as he tried to calm the increasingly powerful waves of opposition to 12 editorial cartoons his paper published at the end of September.

Pushing the limits

The drawings depicted the Prophet Mohammed in ways fairly guaranteed not to promote interfaith religious understanding. One showed Mohammed wearing a bomb-shaped turban.

The paper said its aim was to "test" the limits of press freedom. Its critics say that, in the first place, Islamic law does not allow for the Prophet Mohammed to be depicted. Secondly, the drawings equated Islam with terrorism.

As a result, Saudi Arabia, Libya and Kuwait have recalled their ambassadors from Denmark. In Teheran and Baghdad, Danish diplomats were summoned to the Foreign Ministry. In Gaza, the offices of the European Union were stormed. Every day, more Arab and Islamic states are boycotting Danish products, and the Foreign Ministry in Copenhagen is warning its citizens from travelling to certain Arab countries, like Saudi Arabia.

Paper apologized

Juste now recognizes that perhaps the drawings "were interpreted as a campaign against Muslims in Denmark and the rest of the world because of cultural misunderstanding." But, he said, that wasn't his newspaper's intention. And he offered an apology to anyone whose feelings had been hurt.

Bildunterschrift: Großansicht des Bildes mit der Bildunterschrift: Pakistani religious students burned the Danish flag at a demonstration
Muslim groups in Denmark, with their interest in continuing to live in Danish society, have accepted the apology. The same does not go for Arab and Muslim countries, however. That constitutes the second aspect of this scandal: Certain actors in the Muslim world seem to view the event as a welcome opportunity to accuse the entire western world of arrogance and insensitivity to Islam.

The caricatures were spread throughout the Muslim world -- along with other, worse ones that Carsten Juste said his paper did not publish "because they breached our code of ethics."

Basic misunderstanding

The issue was made worse by a basic misunderstanding on the part of the protesters: Arab nations demanded an apology from the Danish government and also asked Copenhagen to punish the authors of the drawings. However, neither act is possible for a western democracy.

In this case, Denmark's reaction only fanned the flames. Prime Minister Anders Fogh Rasmussen did distance himself from the publication of the caricatures, but he cited the rights of free press and speech while doing so. Norway's reaction was similar: There would be no political reprimand of those responsible.

Anger rose on the part of the Arabs, and one Saudi commentator even said it was more than clear that the West considered Islam as an enemy. Holocaust denial in the Western media is punishable, but those who vilify Islam and its prophets go unpunished.

The Ayatollah affair

Once again, ignorance and intentional demonization supplemented each other. Like years ago, when well-known German television personality Rudi Carell made fun of Iranian revolution leader Ayatollah Khomeni in a tasteless sketch, bringing about a political crisis between Tehran and Germany.

At the same time, Western secular society needs to give new thought to the relationship between religion and the state. Like the discussions that followed the assassination of Dutch filmmaker Theo van Gogh, we need to think about whether certain rights should really remain unrestricted, or whether they should be limited to the point at which they breach someone else's freedom.

Opposing freedoms

In this case, that would pit the freedom of press and expression against the freedom of religion, and the right of minorities to protection from persecution, oppression and denigration. A religious minority -- which is what Muslims are, in our western democracy -- has a right to be protected from such hostility. And the majority has the obligation to vouchsafe that protection. Otherwise, the noble basic rights of democracy aren't worth much.

Naturally, liberal thinkers see that as a danger. For example, Berlin's left wing tageszeitung newspaper wrote in a commentary that no one can guarantee that something like the Denmark case won't happen again.

"It is a demand that cannot be fulfilled, unless we all agree that priests, rabbis or imams should decide what we are allowed to read, hear or see. In the end, these religious authorities have for a long time proven to be formidable repressors when it comes to freedom of expression."

Peter Phillip (jen)

http://www.dw-world.de/dw/article/0,2144,1889912,00.html
 
Does America have that same kind of oversight on the media, like the German Press Council? I've never heard of anything like that, anyway...
 
Rose Immortal said:
Does America have that same kind of oversight on the media, like the German Press Council? I've never heard of anything like that, anyway...
Not for print media. We have First Amendment protection in the U.S.

FCC regulates electronic media; http://www.fcc.gov/

We do have laws against slander and libel.
 
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