MURPHY v. IRELAND JUDGMENT
13
24 November 1993, Series A no. 276) of a paid advertisement (Vgt Verein
gegen Tierfabriken v. Switzerland, no. 24699/94, ECHR 2001-VI) which
promoted a religious event and beliefs (Otto-Preminger-Institut v. Austria,
judgment of 20 September 1994, Series A no. 295-A and Wingrove v. the
United Kingdom, judgment of 25 November 1996, Reports of Judgments
and Decisions 1996-V) and which contained no political or “public interest”
element. In such circumstances, particular deference had to be paid to the
domestic authorities' assessment in that they were uniquely positioned to
identify and assess the strength of the relevant vital forces within Irish
society which dictated the correct balance between the competing interests
involved. Accordingly, if the Minister introducing section 20(4) of the 1960
Act, which was subsequently applied by section 10(3) of the 1988 Act to the
independent radio and television stations, was of the view that the Irish
population was unwilling to tolerate any religious advertising, then the State
should be allowed to restrict such advertising.
38. As to the religious nature of the relevant advertisement, the
Government accepted that the advertisement appeared innocuous and that it
was to some extent simply informational. However, they pointed out that it
was also based on an evident belief in, and the propagation of, certain
religious beliefs. In any event, it was simply the religious nature of the
advertisement that constituted sufficient justification for its restriction.
The Government observed that the rights of an individual to express
religious beliefs were necessarily determined and limited by reference to the
Article 9 rights of others (Larissis and Others v. Greece, judgment of
24 February 1998, Reports, §§ 63-64). Moreover, the Convention clearly
applied, in the Government's view, a distinct standard to the control of
religious expression so that religious offence was a legitimate basis for the
prohibition of otherwise acceptable and protected speech. This was
explained by the fact that religious belief was not the subject of reasoned
decision making: rather it presented an intensely personal and private matter
and concerned deeply held and profoundly important convictions.
Consequently, the simple proclamation of the truth of one religion
necessarily proclaims the untruth of another. As such even innocuous
religious expression can lead to volatile and explosive reactions.
Moreover, the Government underlined the particularly country-specific
religious sensitivities in Ireland, noting the description of such concerns by
the domestic courts in the present case. It might have been that there was no
contemporary religious disharmony in Ireland. However, religious division
had characterised Irish history, a history which included proselytising and
the creation of legal and social systems to undermine one religion. That
historical context, the current manifestation of religious division in Northern
Ireland together with the fact that the vast majority of the Irish population
adhered to a religion (indeed, to one dominant religion) entitled the State in
1960 and again in 1988 to apprehend unusual sensitivity to religious issues
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