Heavy Metal Blasphemy - Thomas P Binetter 2013

THE UNIVERSITY OF NEW SOUTH WALES

Heavy Metal Blasphemy
Thomas P. Binetter
9 November 2013

Submitted to meet the requirements of Course Code JURD7741 - Censorship, Contempt and the Media

List of Topics
1. Introduction

3

2. Description of Contents

3

3. Legal Blasphemy

4

4. The Gay News Case

7

5. The Satanic Verses Case

8

6. Visions of Ecstasy

9

7. Repeal

10

8. Australian Blasphemy

10

9. Societal Blasphemy

12

10. Heavy Metal and Blasphemy

12

11. The Norwegian Church Burnings

14

12. Murder and Black Metal

16

13. Norwegian Blasphemy

17

14. Black Metal Abroad

18

15. Death Metal Blasphemy

19

16. Cradle of Filth and its Infamous, Irreligious T-Shirt

22

17. The Band Speaks

28

18. Blasphemy Worldwide - Russia

29

19. The Arab World

30

20. An Ideological Divide

32

21. Conclusion

33

22. Bibliography

34

2

JURD7741 Censorship Contempt and the Media

Tom Binetter 3370851

Introduction
Despite operating in an largely dormant realm of the prevailing Australian law,
blasphemy remains firmly perched at the forefront of modern societal consciousness. This
paper will explore blasphemy's absorbing treatment across manifold dimensions, including
conceptualisations in historic and contemporary legal, moral, religious and civil thought.
Blasphemy will further be considered as a social concept attracting both mainstream political
and media interest, and through an exploration of the music genre known as heavy metal will
this paper illustrate the development of blasphemy along both legal and social planes. What
this approach will seek to illustrate is that blasphemy serves as a malleable concept, varying
considerably depending on the culture and context in which it operates.
Description of Contents
Commencing with a historical discussion of legal blasphemy as it has come to be
known, this paper will explore the concept by looking to its definitional fluidness as
illustrated through notable examples of British case law. Accompanying this discussion will
be an analysis of blasphemy as it concerns its social and political dimensions, often operating
beyond the immediate sphere of the law. From this point I will instigate my principle case
study, that being a discussion of blasphemy within the context of the music genre known as
heavy metal, and several of its many sub-genres. This will involve an academic treatment of
the genre, and discussion of its history and curious development in tandem with evolving
social norms. From here the discussion will centre on a range of examples where blasphemy
has been claimed within the context of heavy metal concert performance, musical recording
or merchandising, and make simultaneous commentary as to both the societal and legal

3

blasphemy at play in each instance. The final portion of the paper will expand into a brief
discussion of the treatment of blasphemy across multiple jurisdictions, involving a crosscomparison between Western and Islamic states, and how recent debates surrounding the use
and treatment of blasphemy have cemented the concept as one of public intrigue for the
conceivable future.
Legal Blasphemy
As alluded to above, blasphemy is a term with a myriad of interpretations in the
modern lexicon.1 In legal contexts the term is also inconsistent2, leading to a degree of
uncertainty about its usage in modern day jurisprudence.3 In order to deconstruct this
complexity, a look at the concept's legal history is helpful as a means of tracking how the
term has grown from its medieval origins through to the developing case law. Syed notes the
concepts origins in English Canon law, as used by Church authorities from the Middle Ages
until its succession by the common law towards the end of the 16th Century.4 The close
relationship between the Church and State during this period rendered an offence to the
Church as one paralleling sedition,5 as illustrated by the well-known comment of the Lord
Chief Justice Sir Matthew Hale who noted in 1676; "Christianity is parcel of the laws of

1

For example, see dictionary definitions such as those provided by Merriam-Webster: "Great disrespect shown
to God or to something holy" and "the act of insulting or showing contempt or lack of reverence for God"
located at http://www.merriam-webster.com/dictionary/blasphemy and the Macquarie Dictionary: "Impious
utterance or action concerning God or sacred things" located at
http://www.macquariedictionary.com.au/anonymous@9c9BB62450602/-/p/dict/index.html [free subscription
required for access]. Legal reference guides such as that provided by Stephen's Digest of the Criminal Law are
also useful, though should be consulted with the prevailing common law. See Stephen, J. F. (1887) "A Digest of
the Criminal Law (Crimes and Punishments)" Macmillan Publishing London
2
See discussion in Patrick, J. (2011) "Curious Persistence of Blasphemy" The Florida Journal of International
Law Volume 23 p187.
3
For commentary see Nash, D. (2003). Legal Definitions of Religion in Historical Context: Toleration versus
Freedom-Some Lessons from Blasphemy. JCL, No 8 p131.
4
Syed, A. (2006) "Anatomy of Blasphemy Laws" located at
http://www.martinfrost.ws/htmlfiles/july2006/blasphemy_laws1.html
5
See Hamburger, P. (1985). The Development of the Law of Seditious Libel and the Control of the
Press. Stanford Law Review, 661-765

4

England".6 As a result, the crimes of blasphemy and blasphemous libel covered acts such as
denying God's existence or providence,7 engaging in ridicule8 or "profane scoffing"9 of God,
the Church or religious texts, and formed part of the four branches of criminal libel, which,
along with sedition also included obscenity, and defamation.10 Thus for the purposes of this
paper, the forms of expression previously described can be regarded as representative of the
kinds of acts that would largely be considered to be blasphemous in both a social and legal
context, nonetheless evolving substantially over time.
The 17th through 19th Centuries saw the most rampant instances of blasphemy and
blasphemous libel take shape.11 Taylor's Case12 is widely regarded as the first reported case
of the common law offence,13 seen as its "foundation stone" by eminent Lord Sumner.14 The
19th Century saw numerous convictions in this light, including the 1842 conviction of Atheist
George Holyoake for a rambunctious speech given at Cheltenham,15 the 1857 conviction of
Cornish labourer Thomas Pooley for etching blasphemous comments on the gate of a Rector
of the rural parish of Duloe16 and the 1797 and 1818 convictions of Thomas Williams and

6

For further commentary see Cumper, P. (2007) "The United Kingdom and the U.N. Declaration on The
Elimination of Intolerance and Discrimination Based on Religious Belief" Emory International Law Review Vol
21 pp13-42
7
Nash, D. (2008) "To Prostitute Morality, Libel Religion and Undermined Government": Blasphemy and the
Strange Persistence of Providence in Britain since the Seventeenth Century" Journal of Religious History Vol
32 No 4 pp439-456
8
Brown, H. H. (1918). Old Scots Law of Blasphemy. Juridical Review, Vol 30 p56
9
Holdsworth, W. S. (1920). State and Religious Nonconformity: An Historical Retrospect. Law Quarterly
Review Vol 36, p339.
10
Post, RC (1988) "Cultural Heterogeneity and Law: Pornography, Blasphemy and the First Amendment"
California Law Review Vol 76 no 297 pp305-324
11
See for example the prosecutions of Daniel Isaac Eaton, James Williams, William Hone, Richard Carlile,
Robert Taylor, Henry Hetherington, Charles Southwell and Thomas Paterson, amongst others as discussed in
Nash, D. (1999) "Blasphemy in Modern Britain: 1789 to the Present" Ashgate Publishing London pp1-300
12
Taylor's Case (1676) 1 Vent 293, 86 ER 189
13
Jones, P. (1980). Blasphemy, Offensiveness and Law. British Journal of Political Science, Vol 10 No 2, 12948 and Post, RC (1988) "Cultural Heterogeneity and Law: Pornography, Blasphemy and the First Amendment"
California Law Review Vol 76 no 297 at pp305-324 at 305.
14
See the Lord's remarks in Bowman v Secular Society Ltd [1917] AC 406 at 457
15
Rowe, I. "The Case of Thomas Pooley - A Reinvestigation" located at
http://www.iainrowe.co.uk/media/Iain%20RoweThe%20Case%20Of%20Thomas%20Pooley.pdf
16
Ibid

5

Richard Carlile respectively for publishing the infamous pamphlet "the Age of Reason".17
That text, critical of the purported corruption and questioning the servitude towards the
Church of England, caused shockwaves upon its release,18 and has come to be regarded as
"the book most frequently prosecuted for blasphemy".19
The late 19th Century however saw a fundamental shift in the law's treatment of the
term, from examples above which illustrated the 'matter' of an offence to that which
considered the 'manner' in which it was conducted. George William Foote's 1883
prosecution20 for blasphemous cartoons published in The Freethinker has been regarded as
the watershed moment in which this transition materialised, replacing the dictum of Lord
Chief Justice Hale in Taylor's Case21 of the late 17th Century to that of the Lord Coleridge,22
the later serving to influence jurisprudential thought on the topic until its more conservative
turn in the late 20th Century.23 Arguably as a result of Coleridge's influence, the period
between 192224 and 197725 was absent of any prosecutions for blasphemy or blasphemous
libel, and it was not until the seminal case of Gay News26 was the 18th Century conception of
blasphemy revisited.

17

See discussion in Marsh, Joss. (1998) "Word Crimes: Blasphemy, Culture, and Literature in NineteenthCentury England" Chicago: University of Chicago Press
18
See for example discussion in Hole, Robert (1989) "Pulpits, politics and public order in England, 1760–1832."
Cambridge: Cambridge University Press
19
Levy, L.W. (1995) "Blasphemy: Verbal Offense against the Sacred from Moses to Salman Rushdie" Chapel
Hill: University of North Carolina Press
20
See Marsh, Joss. (1998) "Word Crimes: Blasphemy, Culture, and Literature in Nineteenth-Century England"
Chicago: University of Chicago Press
21
Taylor's Case (1676) 1 Vent 293, 86 ER 189
22
See Nash, D. (1999) "Blasphemy in Modern Britain: 1789 to the Present" Ashgate Publishing London pp1300 and Post, RC (1988) "Cultural Heterogeneity and Law: Pornography, Blasphemy and the First Amendment"
California Law Review Vol 76 no 297 pp305-324 at 305.
23
Whitehouse v Lemon; Whitehouse v Gay News Ltd On Appeal From Regina v Lemon[1979] 2 WLR 281, as
discussed below.
24
See R v. Gott [1922] 16 Cr.App.R. 87. in which the defendant, John William Gott, became the recipient of the
last public prosecution for blasphemy, in Edward Royle (1980) Radicals, Secularists, and Republicans: Popular
Freethought in Britain, 1866-1915, Manchester University Press p282.
25
Whitehouse -v- Lemon; Whitehouse -v- Gay News Ltd On Appeal From Regina -v- Lemon[1979] 2 WLR 281
26
Ibid

6

The Gay News Case
The 1977 case of Gay News27 saw a radical reinterpretation of the prevailing common
law and a reinterpretation of the 'manner'/'matter ' distinction that had proved influential in
the Freethinker case referred to above. The facts of the case concerned a poem published in
the fortnightly Gay News newspaper by prolific British author James Kirkup entitled "The
Love That Dares To Speak Its Name". The poem envisioned a lust and attraction for Jesus
Christ by a Roman Centurion soldier, attracting the attention of Mary Whitehouse, then
secretary of the (still) influential National Viewers and Listener's Association who launched a
private prosecution against the publisher of the newspaper and its editor, Denis Lemon.28
On assessing whether the content of the poem was blasphemous, the presiding Lord
Scarman wrote that the words in question "must constitute an interference with our religious
feelings, creating a sense of insult and outrage by wanton and unnecessary profanity".29 On
whether the charge was still needed in contemporary British jurisprudence (as the Coleridge
dictum doubted) Lord Scarman commented "I do not subscribe to the view that the common
law offence of blasphemous libel serves no useful purpose in modern law... the offence
belongs to a group of criminal offences designed to safeguard the internal tranquillity of the
Kingdom".30 As a result of the above, the Court found Gay News editor Denis Lemon guilty
of the offence of blasphemy and sentenced to a nine-month suspended jail term and fined one
thousand pounds.31

27

Whitehouse -v- Lemon; Whitehouse -v- Gay News Ltd On Appeal From Regina -v- Lemon[1979] 2 WLR 281
See Wintemute, R. (1995). Blasphemy and Incitement to Hatred Under the European Convention. Kings
College Law Journal, Vol 6 p143 and Jeremy, A. (2003). Religious Offences. European Journal of Crime,
Criminal Law and Criminal Justice, Vol 7 pp127-127 for more detail.
29
Whitehouse -v- Lemon; Whitehouse -v- Gay News Ltd On Appeal From Regina -v- Lemon [1979] 2 WLR 281
and as discussed in Fernandes, D. A. (2003). Protection of Religious Communities by Blasphemy and Religious
Hatred Laws: A Comparison of English and Indian Laws. Journal of Church & State. Vol 45, p669
30
Routledge, G. (1989) "Blasphemy: The Report of the Archbishop of Canterbury's Working Group on
Offences Against Religion and Public Worship" Ecclesiastical Law Journal Vol 1 No 4 pp27-32
31
See Burton, P. (1994) "Obituary: Denis Lemon" The Independent 23 July located at
http://www.independent.co.uk/news/people/obituary-denis-lemon-1415565.html
28

7

Lord Scarman's finding came to the surprise of many jurists, particularly since it
seemed to reactivate an offence that was long deemed to have fallen into desuetude, having
been previously declared "obsolescent" by Lord Goddard and referred to as a "dead letter" by
Lord Denning.32 Interestingly however, Lords Scarman and King-Hamilton thought the scope
of the offence could be broadened to include all forms of Christianity, Judaism and
arguably,33 all monotheistic faiths though this was later rejected by the House of Lords in The
Satanic Verses case34. Regardless, the reactivation of the offence alarmed many
commentators35, and through financing provided by the "Gay News Fighting Fund"36 the
defendants put forth an ineffective legal challenge to the European Court of Human Rights in
1982.37 Irrespectively, the Gay News case lives in infamy and, as subsequent challenges have
shown, may have marked the last stand as regards the endurance of an existing blasphemy
law in England.
The Satanic Verses Case
The 1988 publication of Salman Rushdie's "The Satanic Verses" prompted a legal
attempt to recreate the outcome obtained in the Gay News case. Incredible social and political
pressure had mounted on the UK Government to charge the Author with blasphemy,
particularly following months of protest and civil unrest from Muslims worldwide amid death
threats, assassination attempts38 and the issuing of a Fatwa on Rushdie's life39 by the Supreme

32

See discussion in Routledge, G. (1989) "Blasphemy: The Report of the Archbishop of Canterbury's Working
Group on Offences Against Religion and Public Worship" Ecclesiastical Law Journal Vol 1 No 4 pp27-32
33
Whitehouse -v- Lemon; Whitehouse -v- Gay News Ltd On Appeal From Regina -v- Lemon [1979] 2 WLR 281
34
Note that in R. v Chief Metropolitan Stipendiary Magistrate, ex parte Choudhury [1991] 3 WLR 986 the
Divisional Court found that attacks on Islam were not included.
35
See for example Post, R. C. (1988). Blasphemy, The First Amendment and the Concept of Intrinsic Harm. Tel
Aviv University. Stud. Law.,Vol 8 p293 and Elliott, D. W. (1993). Blasphemy and other Expressions of
Offensive Opinion. Ecclesiastical Law Journal, Vol 3 (313) p70
36
Humphreys, B. (2002) "The Law that Dared to Lay The Blame" Gay and Lesbian Humanist Summer located
at http://www.pinktriangle.org.uk/glh/214/humphreys.html
37
Gay News Ltd. and Lemon v United Kingdom [Eur Comm HR] 5 EHRR 123 (1982), App. No. 8710/79.
38
See Grieg, G. (2012) "Life and Love In the Shadow of the Fatwa: Salman Rushdie Tells His Painful and
Dramatic Secrets" Mail Online located at http://www.dailymail.co.uk/news/article-2203692/Salman-Rushdiememoirs-The-authors-painful-secrets-life-love-shadow-fatwa.html

8

Leader of Iran, Ayatollah Khomeni.40 Though no charges were laid against Rushdie, the
matter did come before the House of Lords, where it was confirmed that the existing
blasphemy laws did not extend to Muslims and anti-Islam blasphemy. The Court stated "the
mere fact that the law is anomalous or even unjust does not, in our view, justify the court in
changing it, if it is clear."41 Justice Ashurst added that "it is upon this round that the Christian
religion constitutes part of the law of England"42 and as such, a blasphemy charge was
inapplicable to any blasphemous libel of the Islamic faith.
"Visions of Ecstasy"
Akin to the failure of the Rushdie affair to amend the law of Blasphemy, the case
surrounding the 1997 banning of the short-film "Visions of Ecstasy" was also unable to
further the law's development, though it did assist in bringing the issue further to the forefront
of public debate43. The Director, Nigel Wingrove44 claimed his freedom of expression45 had
been infringed by the films banning on account of its blasphemous content46 and took the
matter to the European Court of Human Rights in 1997.47 The Court did not make a finding

39

As noted in BBC (2008) "On this Day: 1989 - Ayatollah Sentences Author to Death" British Broadcasting
Corporation located at
http://news.bbc.co.uk/onthisday/hi/dates/stories/february/14/newsid_2541000/2541149.stm
40
Though calls for his death have lingered, the fatwa was resurrected in 2012 following the release of the
"Innocence of Muslims" YouTube video, despite having nothing to do with Rushdie. See Tait, Robert (2012)
"Iran Resurrects Salman Rushdie Threat" The Telegraph 16 September located at
http://www.telegraph.co.uk/news/worldnews/middleeast/iran/9546513/Iran-resurrects-Salman-Rushdiethreat.html
41
R v Chief Metropolitan Stipendiary Magistrate, ex parte Choudhury [1991] 1 All ER 313
42
Ibid
43
Also note the arrest of Birmingham teacher Michael Newman for selling the video in 1992. See "Security
Imperial Student Arrested" Felix 28 February 1992 Issue 928 located at
http://felixonline.co.uk/archive/IC_1992/1992_0928_A.pdf
44
A frequent collaborator of the British black metal band Cradle of Filth, as discussed below.
45
As protected by Article 10 of the European Convention of Human Rights located at "Convention for the
Protection of Human Rights and Fundamental Freedoms" located at
http://www.echr.coe.int/Documents/Convention_ENG.pdf
46
The film featured a fantasy involving Jesus Christ engaging in a sex act with Saint Theresa. The Classification
Board relied on the Obscene Publications Acts of 1959 and 1964 as a legal basis for its decision. See "Wingrove
v UK" Minority Rights Group International 25 November 1996 located at
http://www.minorityrights.org/3049/minority-rights-jurisprudence/wingrove-v-uk.html
47
Wingrove v. UK. 25 November 1996. Application no. 17419/90. RJD 1996-V; 24 EHRR.

9

as to whether the material was blasphemous48, but did hold that the UK blasphemy laws were
consistent with the European Convention on Human Rights49 resulting in the film remaining
banned until 2012, when it was released under the "18" classification certificate.50
Repeal
The preceding cases illustrate an altogether meandering approach to the issue of
blasphemy in British courts. Though at an impasse as a result of the Gay News case, it can be
argued that the last few centuries has seen a slow move towards the law's repeal, one which
gained particular momentum following the Satanic Verses and Visions of Ecstasy
controversies. In 2008 such momentum was realised, with an amendment to the Criminal
Justice and Immigration Act 2008 passing, thereby abolishing the common law offence of
blasphemous libel in England once and for all.51 It can be argued however, that accusations of
blasphemy are still rampant in Western society, and despite its disuse, the law remains "on
the books" in several states in Australia and elsewhere worldwide.52
Australian Blasphemy
Despite lingering as part of s574 of the NSW Crimes Act 1900, there is considerable
uncertainty as to whether there actually exists a law concerning blasphemy in Australia.53 The

48

As the ECHR regarded this as a matter for the domestic British Courts to determine.
Wingrove v. UK. 25 November 1996. Application no. 17419/90. RJD 1996-V; 24 EHRR.
50
"Visions of Ecstasy" remains the only film to ever be refused classification on the grounds of Blasphemy by
the British Board of Film Classification and was eventually classified as a result of the law of blasphemy's
repeal in 2008."Visions of Ecstasy Gets UK rating after 23 Year Ban" British Broadcasting Corporation 31
January 2012 located at http://www.bbc.co.uk/news/entertainment-arts-16809977
51
Beckford, M. (2008) "Blasphemy Laws are Lifted" The Telegraph 10 May located at
http://www.telegraph.co.uk/news/1942668/Blasphemy-laws-are-lifted.html
52
Including New South Wales (Crimes Act 1900 s574), Tasmania (Criminal Code s119) and arguably Victoria
(Remedy potentially available under the Racial and Religious Tolerance Act 2001) and South Australia. See the
section "Global Blasphemy" for more discussion below. For discussion see Dyett, Greg, (2013) "Time for
Australia to Abandon Blasphemy Laws?" Special Broadcasting Service located at
http://www.sbs.com.au/news/article/2013/05/27/time-australia-abandon-blasphemy-laws
53
Patrick, J. (2011). Curious Persistence of Blasphemy, The Florida Journal of International Law, Vol 23 p187.
Also note the differences in blasphemy laws in the Australian States, with provisions repeal in Western
Australia, Queensland and the Australian Capital Territory and its degree of uncertainty elsewhere. See Law
Reform Commission New South Wales, Discussion Paper 24(1992) – Blasphemy
49

10

Act does not define blasphemy, leaving this to the common law, however with no successful
prosecutions since 1871's R v William Lorando Jones54, it remains in doubt whether there is
any practical effect to the provision. That being said, numerous attempts have been made in
recent years to reactivate the law, with Ogle v Strickland55 and the case surrounding the art
work "Piss Christ"56 most noteworthy. In a matter reminiscent of the Visions of Ecstasy case
above, Ogle v Strickland concerned the Australian Censorship Board clearing the film "Hail
Mary" for import, despite the objections of the Catholic and Anglican Church on the grounds
that the film was blasphemous. The priests in question attempted to challenge the Board's
decision, yet were denied standing upon reaching the full Federal Court in 1987.57
Similarly the 1997 case Pell v Council of Trustees of the National Gallery of
Victoria58 was refused an injunction59 to prevent the display of the Andres Serrano
photograph "Piss Christ", with the Court commenting that it would be improper for a civil
remedy to be used to restrain alleged criminality.60 The Court did however make commentary
regarding the alleged blasphemy at issue, suggesting an incompatibility of the offence with
s116 of the Australian Constitution61 as well as observations made by Harper J as to whether

54

R. v. William Lorando Jones (unreported, Parramatta Quarter Sessions, Simpson J., 18 February 1871)
Ogle v Strickland (1987) 13 FCR 306
56
Pell v The Council of Trustees of National Gallery of Victoria [1998] 2 VR 391
57
Ogle v Strickland (1987) 13 FCR 306. See commentary in Goodie, J., & Wickham, G. (2002). Calculating
‘Public Interest’: Common Law and the Legal Governance of the Environment Social & Legal Studies, Vol 11
No 1, 37-60.
58
Pell v The Council of Trustees of National Gallery of Victoria [1998] VSC 52
59
Harris, B. (1998). Pell v. Council of Trustees of the National Gallery of Victoria-Should Blasphemy Be a
Crime-The Piss Christ Case and Freedom of Expression. Melbourne University Law Review Vol 22 p217
60
See commentary in Priestly, Brenton 2006) "Blasphemy and the Law: A Comparative Study" located at
http://www.brentonpriestley.com/writing/blasphemy.htm
61
I.e. The Preclusion of the State from making any laws for establishing any religion, imposing any religious
observance or prohibiting the free exercise of any religion as interpreted narrowly by the High Court. See
Clarke, Jennifer; Keyzer, Patrick; Stellios, James (2009). Hanks' Australian Constitutional Law: Materials and
Commentary (8th ed.). Chatswood, NSW: LexisNexis Butterworths.
55

11

a law of blasphemy was necessary in a modern, diverse society.62 As a result, the law
remained untouched, arguably cementing its dormant, if not extinct status.
Societal Blasphemy
The preceding study has analysed blasphemy largely in terms of its legal origins,
examining the case law that has seen the notion developed, scrutinised and eventually
repealed in numerous common law jurisdictions. However elsewhere conceptions of
blasphemy are alive and well, particularly in society's moral, ethical and religious spheres.
The following portion of this paper will analyse one area of contemporary society that has
demonstrated a rambunctious flirtation with the social regulation of blasphemy, that being the
music genre known as Heavy Metal.
Heavy Metal and Blasphemy
Heavy metal has long been positioned at the fringes of societal normality and
acceptability. This section will evaluate the genre through a blasphemy-oriented lens,
examining its history, legacy and legitimacy, as has often come into question. Specifically,
this section will position itself to explain the historical context that has shaped many of the
debates surrounding heavy metal serving as a source of blasphemy, and use this as a launchpad with which examples of recent controversies can take shape. Heavy metal serves as a
fascinating case study in which community norms and freedom of expression are often at

62

See commentary in Priestly, Brenton 2006) "Blasphemy and the Law: A Comparative Study" located at
http://www.brentonpriestley.com/writing/blasphemy.htm. Also note Pringle's commentary on whether the
criminal charge remains legitimate regardless of whether it is repealed. See Pringle, Helen (2006) ‘Are we
capable of offending God? Taking blasphemy seriously’, in Elizabeth
Burns Coleman and Kevin White (eds.), Negotiating the Sacred: Blasphemy and Sacrilege in a Multicultural
Society, Canberra: ANU E Press, pp. 31-43, at p. 32.

12

odds, and serves to complement the above legal analysis as a supplementary array of art that
has been tested through both the judiciary and the media.63
Since its creation in the United Kingdom in the 1960s, heavy metal has been deemed
'shocking', flirting with many of the concepts that are often the objects of the blasphemed.64
Evolving from the Rock'n'Roll of the 1950s,65 bands such as Led Zeppelin and Black Sabbath
took the rhythmic intensity of the genre and amplified its audible and visual elements to forge
something entirely new. Black Sabbath was particularly novel in this regard66, applying a
dark and demonic overture to this new style and sound by incorporating themes of horror and
the occult.67 The band is now widely credited as a pioneering influence68 over an entire
umbrella of heavy metal sub-genres, including "thrash", "doom metal", "power metal" "death
metal", "black metal" and many others.69 It is these last two genres which are of most
relevance to the current study, attracting the vast majority of attention due to their extreme
lyrical content, visual imagery and abrasive tonality.
Death metal can be understood as heavy metal's (even) more aggressive, faster and
louder offspring, where American70 bands such as "Morbid Angel", "Deicide" and the

63

The Author recognises that Heavy Metal is but one genre that comes under this description, and recognises
that other genres face similar issues, such as those discussed in Gregg, Lindsay D. (2002) "Freedom of
Expression and Music Contracts: Is There a Place for Blasphemy Anymore?" Entertainment Law Vol 1 No 3
Autumn pp53-71
64
See for example the 'moral panic' associated with "shock rocker" Marilyn Manson in the United States, and
worldwide. See Wright R. (2000) "I'd Sell You Suicide: Pop Music and Moral Panic in the Age of Marilyn
Manson" Popular Music Vol 19 No 3 pp365-385
65
Recall Elvis' hip gyrations that were deemed morally reprehensible at the time and revolutionary since. See
Wallace, Marice "History - Elvis Presley: A Revolutionist" La Grange College located at
http://www.lagrange.edu/resources/pdf/citations/2012/11_Wallace_History.pdf
66
See Cope, A. L. (2010). Black Sabbath and the rise of heavy metal music. Ashgate Publishing, Ltd..
67
See Christian Assemblies International "Black Sabbath" located at http://www.cai.org/files/themesheets/en/c/sc0145au.pdf and Mankey, Jason (2012) "Black Sabbath and the Occult" Panmankey located at
http://www.panmankey.com/blacksabbathtoccult.htm
68
Lester, Paul (2013) "Black Sabbath: 'We Used to Have Cocaine Flown in by Private Plane'" The Guardian
located at http://www.theguardian.com/music/2013/jun/06/black-sabbath-cocaine-private-plane
69
See for example Weinstein, D. (2009). Heavy Metal: The Music and its Culture. Da Capo Press. Cambridge
70
Note that the legal application of blasphemy has not developed in the United States due to strong Freedom of
Religion protections brought by the First Amendment to the U.S. Constitution, though this has been challenged
See Joseph Burstyn, Inc. v. Wilson 343 U.S. 495 (1952)

13

seminal "Death" have been of lasting influence and notoriety71. "Black metal", in contrast has
been a largely Scandinavian affair72, with bands such as "Mayhem", "Burzum" and
"Gorgoroth" antithesising many of the elements of death metal by focussing on complete and
utter darkness, iniquity and in many cases, exhorting blasphemy. The following section will
examine these elements, highlighting bands that have been beleaguered for their views,
artistic expressions and deeds across multiple jurisdictions.73 These cases serve as remarkable
examples of the modern scope of blasphemy, both in terms of legal application and as a
unique social phenomenon that in many ways has built on the case law and rich history that
has accompanied the development of blasphemy to date.
The Norwegian Church Burnings
Between 1992 and 199574, a group of pioneering black metal musicians carried out a
wave of arson attacks on some of Norway's oldest and most prolific Christian churches75.
Many of these Churches had long been recognised by Norwegian authorities as historic

71

See discussion in Mishrell, Kirk W. (2012) "Rockin' The Tritone: Gender, Race & The Aesthetics of
Aggressive Heavy Metal Subcultures" George State University History Thesis located at
http://scholarworks.gsu.edu/cgi/viewcontent.cgi?article=1053&context=history_theses
72
Though note that black metal has spread to now include bands from all over the world. As a prominent
example, this paper will go on to discuss the British black metal band "Cradle of Filth" who have arguably been
reached the most notoriety as a result of their "blasphemous" merchandising.
73
Canada also represents an interesting study in this regard, though unfortunately more time is not available to
examine its unique case law. See for example Patrick, Jeremy (2010) "Canadian Blasphemy Law in Context:
Press, Legislative and Public Reactions" Annual Survey of International and Comparative Law Vol 16 Issue 1
pp129-163
74
Yet note subsequent calls for additional church burnings. See examples of incitement by Gorgoroth front-man
"Gaahl" in Deathbringer (2007) "Gorgoroth Frontman Calls for More Church Burnings; Police to Investigate"
Metal Underground located at http://www.metalunderground.com/news/details.cfm?newsid=24092
75
Note that numerous copycat church burnings followed once these attacks achieved cultural notoriety in black
metal circles, including arson attempts by black metal musicians on the Porvoo Cathederal in Finland in 2006,
the Uniting Church in Ascot Vale, Victoria Australia in 2004 and the Minnedosa United Church in Manitoba
Canada in 2006. See La Canna, X. (2004) "Arsonists Destroy Historic Church" The Age August 30 located at
http://www.theage.com.au/articles/2004/08/29/1093717837780.html and Pritchard D. (2006) "Canadian Church
Fire Linked To Norwegian Black Metal Movement" Blabbermouth.net April 29 located at
http://www.blabbermouth.net/news/canadian-church-fire-linked-to-norwegian-black-metal-movement/
respectively. Note that charges were laid in the case of the Australian Ascot Vale incident, with the perpetrator
Novak Majstorovic of the black metal project "SchwarzReich" sentenced to three years youth detention for
crimes of arson and burglary, (but not blasphemy).

14

landmarks, revered for both their age, architectural significance and cultural value.76 Black
metal musicians including Varg Vikernes77, "Faust"78, "Samoth"79 and Jorn Tunsberg80 each
took part in manifold arsons, in some cases facing arrest and later conviction for their
crimes81. However, with over fifty Church burnings taking place in total during this period, a
majority of the arsons were left unsolved due to a lack of evidence, leaving suspicion as to
whether these men were the culprits of additional crimes, or whether there were additional
suspects who to this day remain unidentified.82
Motive for the mass-arsons remains in dispute, with many quick to suspect the
individual's affiliation with Satanism and Satanic rituals as the principle causes83. Interviews
with these individuals in the years since the incidents however suggest a range of
motivations84, with Varg Vikernes citing paganism and heathenism as influences85, but
equally, protest and retaliation against what was perceived as overbearing Christian cultural
and religious influence on Norway, and thus appearing to satisfy the requirements for the
charge of blasphemous libel. Critics and commentators however, have assessed the arsons in
a different light, pointing to the desire of members of what became known as the "Black

76

Most significantly Fantoft Stave Church, an eleventh-century national landmark as destroyed by Varg
Vikernes on the 6th of June 1992. Vikernes has since claimed that the church was built on "sacred pagan
ground". See Campion, C. (2005) "In the Face of Death" The Guardian 20 February located at
http://www.theguardian.com/music/2005/feb/20/popandrock4
77
Also known as "Count Grishnackh" and of the seminal black metal band "Burzum". Grishnackh also appeared
on one album by the equally influential "Mayhem" as discussed.
78
Real name Bård Guldvik Eithun, of the popular and recently reformed "Emperor" and "Zyklon"
79
Real name Tomas Thormodsæter Haugen, also of "Emperor" and "Zyklon"
80
Of the bands "Immortal" "Old Funeral" "Hades Almighty" and others.
81
The sentences for these crimes ranged from 16 - 24 months, however in the case of the Fantoft Stave Church,
Vikernes was charged but never convicted. Vikernes and the others however were all incarcerated in relation to
these and other crimes following this period.
82
For in depth discussion of the incident see Williams, Thomas J.T. (2012) "A Blaze in the Northern Sky: Black
Metal and Crimes Against Culture" Public Archaeology Vol 11 No 2 pp59-72
83
See discussion of the use of Satanism in black metal in Cordero, Jonathan (2009) "Unveiling Satan's Wrath:
Aesthetics and Ideology in Anti-Christian Heavy Metal" Journal of Religion and Popular Culture Vol 21(1)
Spring
84
See commentary by "Gaahl" in "Metal: A Headbanger's Journey" as discussed in Deathbringer (2007)
"Gorgoroth Frontman Calls for More Church Burnings; Police to Investigate" Metal Underground located at
http://www.metalunderground.com/news/details.cfm?newsid=24092
85
See discussion in Granholm, Kennet (2011) ""Sons of Northern Darkness": Heathen Influences in Black
Metal and Neofolk Music" Numen no 58 pp514-544

15

Circle"86 to gain social acceptance amongst fellow black metal musicians by illustrating and
"proving" their venomous opposition to Christianity, akin to a gang initiation. Regardless, the
church burnings unsurprisingly resulted in an onset of moral panic across Scandinavia during
the period,87 a fact exacerbated by the non-arson crimes committed by some of these
individuals concurrently.
Murder and Black Metal
In tandem with the series of Church burnings, several prominent black metal
musicians engaged in morbid behaviour which has earned them equally eternal notoriety and
furthering existing allegations of blasphemous libel. As a prominent example, upon
discovering the bloody suicide of Mayhem vocalist "Dead" at his home in April 1991, bandmate Euronymous photographed the corpse88, allegedly cannibalised the deceased by cooking
a stew with his brain and finally made a necklace with pieces of the deceased's skull.89 Yet
Euronymous became infamous on another account still, when he was brutally murdered by
Varg Vikernes in the year following the iniquitous Church burnings referred to above.90
Rumours have circulated that the death was committed via a Satanic ritual, though alternate
theories frame the act as one of an assault following a quarrel. 91
Though the most notorious, this was not the only heinous crime overshadowing the
legacy of black metal, with Faust also guilty of murder soon following the Church burnings.
86

A designation given to a loose organisation of black metal musicians who gathered at a record store in Oslo,
seen as one of the principle birthplaces of the genre. Note however that supposed members, including Varg
Vikernes, have denied the group's existence.
87
Bennett likens this to a similar moral panic felt in mainstream America during the 1980s following the
mainstream growth of Heavy Metal. See Bennett, Andy (2001) "Cultures of Popular Music" Open University
Press 1st Edition Berkshire United Kingdom p56
88
The image later adorning the album cover of the band's bootleg live release "Dawn of the Black Hearts"
89
Metal Injection (2011) "Top 10 Worst Crimes Committed By Black Metal Musicians" February 27 located at
http://www.metalinjection.net/lists/top-10-crimes-committed-black-metal-musicians/4
90
Vikernes was sentenced to 21 years prison over the incident, though received parole after almost 16 years in
2009. See Michaels, S. (2009) "Norway's Most Notorious Musician To Be Released from Prison" The Guardian
March 11 located at http://www.theguardian.com/music/2009/mar/11/norwegian-black-metal-varg-vikernes
91
"Euronymous" Spirit of Metal located at http://www.spirit-of-metal.com/membre_groupe/membre_groupenom-Euronymous_-id-12398-l-en.html

16

In this instance however, Faust claims to have acted in self-defence, as the victim in this
instance had made homosexual advances towards him that, when refused, escalated to an
grievous assault.92 Both Faust and Varg Vikernes were met with lengthy sentences from the
Norwegian criminal justice system, however continued to write black metal music throughout
each of their incarcerated years apiece.93 The infamy of these individuals seems to have only
grown whilst imprisoned, and upon receiving parole continued to release records94 and
perform live concerts, particularly in the case of Faust who to this day tours around the world
with his current projects Zyklon and the recently reformed Emperor. As such, these
musicians have created a legacy that encompasses both civil and criminal extremity.
Norwegian Blasphemy
The early history of Norway's black metal scene is absurd as much as it is legendary.
Murder, arson and assault, often deliberately performed in the name of blasphemous ritual,
should plainly meet our conceived perception of the legal requirements for a charge of
blasphemy in addition to the charges laid.95 However, despite Norway possessing a
blasphemy law at the time under Section 142 of its Penal Code, no charges of blasphemy or
blasphemous libel were ever laid on these perpetrators. With only two charges laid in the last
century,96 those of Arnfred Olsen in 191297 and Arnulf Overland in 1933,98 the law of
blasphemy in Norway has long faced practical abandonment. As a result of a series of law
92

See "Mord - Murders By Black Metal Figures" located at
http://www.angelfire.com/de3/kirkeniasker/Mord.html
93
Faust was sentenced to 16 years but released after 12. Also note other Black Metal musicians who were
involved in murderous crimes as described in Ibid.
94
Note that Vikernes also produced several albums whilst in jail where he was given access to a synthesiser and
basic recording equipment. See BNR Metal Pages "Burzum" located at
http://www.bnrmetal.com/v3/band/band/Burz
95
It is arguable that the actions described above would meet the threshold tests associated with s574 of the
Crimes Act 1900 (NSW)
96
Each for blasphemous critiques of Christianity.
97
For a blasphemous depiction of Christian festivities See "Andre Krenkelser" located at
http://www.nored.no/Juss/Andre-krenkelser [Translated using Google Translate online software]
98
For a lecture series entitled "Christianity - The Tenth Plague" as discussed in Human-Etisk Forbund
"Blasfemiparagrafen" located at http://www.human.no/Livssynspolitikk/Flere-saker-vi-mener-noeom/Blasfemiparagrafen/ [Translated using Google Translate online software]

17

reforms, including a new criminal code coming into force in 2012, the charge of blasphemy
has been repealed, rendering the law both practically and officially obsolete.99
Thus, despite easily meeting the criteria for a successful prosecution in other
jurisdictions100 and arguably at the time of the acts, the blasphemous actions of the early
Norwegian black metal scene were decided solely through the use of more habitual criminal
justice charges. Consequently, although falling short of being a prominent example of a
successful blasphemous legal prosecution, this period in Norway's black metal history
remains an enthralling example of how blasphemous acts have been treated by foreign legal
systems, particularly those of the civil system, and equally engaging, as a study of a counterculture that remains an influential social phenomenon today. 101
Black Metal Abroad
With the above considered within the context of the Norwegian legal system, it is
important to note however that even though many of these early black metal acts escaped
charges of blasphemy in Norway, others have come under more pressure abroad. In the case
of Norwegian black metal band "Gorgoroth" it was their on-stage performance, rather than its
non-band activities102 that earned them eternal notoriety, with a 2004 concert in Krakow,
Poland making mass news headlines.103 The performance involved the display of satanic and
anti-Christian symbols, four naked "impaled" models on crucifixes, multiple sheep heads on
99

In a similar fashion to the repeal of Blasphemy in English law, as discussed above.
Including Australia and England before the laws appeal.
101
Hjelm et al characterise the incidents as a "national... and international concern" in Hjelm T., Kahn-Harris, K.
and LeVine, M. (2012) "Heavy Metal as Controversy and Counterculture" Popular Music History Equinox
Publishing pp1-14
102
Though note that in 2007 frontman Gaahl faced an additional police investigation for calling for more
Church burnings and offering arsonists his support. See Deathbringer (2007) "Gorgoroth Frontman Calls for
More Church Burnings; Police to Investigate" Metal Underground located at
http://www.metalunderground.com/news/details.cfm?newsid=24092 Also note Gaahl's convictions for assault
and torture located at Metal Injection (2011) "Top 10 Worst Crimes Committed By Black Metal Musicians"
February 27 located at http://www.metalinjection.net/lists/top-10-crimes-committed-black-metal-musicians/9
103
For example, see the cover of Polish newspaper "Metro" located at
http://www.rockandmetal.com/images/gorgorothnewspapercover.jpg and Polish television report on "Fakty" TV
located at http://www.youtube.com/watch?feature=player_embedded&v=QGz_3HcNo04
100

18

stakes, and the use of over 80 litres of sheep's blood104 while performing songs such as
"procreating Satan" and tracks off the album "Antichrist".105 Unsurprisingly a police
investigation was launched to consider whether Gorgoroth had violated Poland's antiblasphemy "religious offence" laws, particularly Article 196 of the Polish Penal Code.106
Ultimately however the band escaped without charge, though the promoter was heavily fined,
the band dropped from their record label and footage of the concert confiscated by Polish
police until its eventual DVD release in 2008.107 The band claimed ignorance as to the
existence of the laws during the ordeal, however it was clear from the footage, that they had
the very intention of demonstrating their opposition to Christianity and provoking, if not
directly causing, religious offence.
Death Metal Blasphemy
The unambiguous intentions that are evident by the blasphemous acts of prominent
bands within the black metal scene can be contrasted with accusations of blasphemy put to
numerous death metal bands who have similarly faced great controversy in recent times. The
death metal band "Behemoth" faced the Polish Supreme Court over front-man Adam
"Nergal" Darski's108 2007 concert performance in which he ripped up a copy of the Christian

104

For a full description see Metal Injection (2011) "Top 10 Worst Crimes Committed By Black Metal
Musicians" February 27 located at http://www.metalinjection.net/lists/top-10-crimes-committed-black-metalmusicians/3
105
See "Gorgoroth: 'Black Mass Krakow 2004' DVD Preview Available" Blabbermouth.net May 12 2008
located at http://www.blabbermouth.net/news/gorgoroth-black-mass-krakow-2004-dvd-preview-available/
106
Kodeks Karny s196. It was speculated that the band was to be charged under Poland's cruelty to animals laws
as well.
107
See "Gorgoroth: 'Black Mass in Krakow' DVD May Get Released After All" Blabbermouth.net March 3
2005 located at http://www.blabbermouth.net/news/gorgoroth-black-mass-in-krakow-dvd-may-get-releasedafter-all/
108
A household name in his native Poland, having recently appeared as a judge on the Polish version of "The
Voice" and at one point dating the domestic equivalent of Britney Spears, Dorota "Doda" Rabczewska.
Interestingly Doda herself came under similar scrutiny, having been successfully found guilty under Polish
Blasphemy laws for "offending religious sensibilities" due to comments that suggested that the Bible's authors
were drunks and drug-abusers. See Day, M. (2010) "Pop Star Claims Bible Written By Drunks" The Telegraph
5 May located at http://www.telegraph.co.uk/news/worldnews/europe/poland/7681981/Pop-star-claims-Biblewritten-by-drunks.html and Aktualizacja, O. (2012) "Doda Skazana Za Obraze Uczuc Religijnych"
Rzeczpospolita 18 June located at http://www.rp.pl/artykul/21,894222-Doda-skazana-za-obraze-uczuc-

19

Bible onstage whilst describing the Roman Catholic Church as a "criminal sect"109. Darski
was charged with "offending religious feelings",110 yet claimed to have no such intention,
with his lawyers (curiously) commenting that "we were dealing with art, which allows more
critical and radical statements"111 and argued that since Darski lacked the necessary mens rea
of the charge, that he should be spared a guilty verdict.112
The Polish Supreme Court unsurprisingly disagreed, stating that a crime was
committed regardless of the "direct intention" of the accused, and in January 2013 referred
the matter to the District Court for a re-examination, of which is yet to take place.113 This,
and the aforementioned Gorgoroth example illustrate the state of the law of blasphemy in
Poland as one far more pronounced than as historically treated by the Norwegian courts, yet
still, seeming to opt for fines in place of incarceration in its sentencing practice. This suggests
that whilst blasphemy remains firmly part of Polish law, it is practically treated as more of a
penalty, rather than an incarcerate-able offence.
On a broader scale, numerous European heavy metal festivals have faced considerable
scrutiny as regards accusation of supporting blasphemy. The French festival "Hellfest" has
faced religious and political opposition114 since its birth in 2006, most recently facing
litigation from the Associations Familiales Catholiques (Association of Catholic Families)
religijnych.html [translated using Google Translate online software]. Doda eventually was spared jail time
though was ordered to pay a hefty fine.
109
See Szymanowski, G. and Lowe, Christian (2012) "Court Rules Against Polish Rocker Who Tore Up Bible"
Reuters October 29 located at http://www.reuters.com/article/2012/10/29/entertainment-us-poland-blasphemyidUSBRE89S19G20121029
110
Again under section 196 of the Kodeks Karny (Polish Criminal Code)
111
Darski's lawyers also put forth a free speech argument. See "Poland's Supreme Court Paves Way for Rock
Star to be Sentenced Over Bible-Tearing" Polskie Radio 30 October 2012 located at
http://www.thenews.pl/1/9/Artykul/116879,Polands-Supreme-Court-paves-way-for-rock-star-to-be-sentencedover-bibletearing
112
See Michaels, S. (2012) "Polish Singer Faces Two Years In Jail Over Bible-Tearing Stunt" The Guardian
located at http://www.theguardian.com/music/2012/oct/31/polish-singer-bible-tearing-stunt
113
"Poland's Supreme Court Paves Way for Rock Star to be Sentenced Over Bible-Tearing" Polskie Radio 30
October 2012 located at http://www.thenews.pl/1/9/Artykul/116879,Polands-Supreme-Court-paves-way-forrock-star-to-be-sentenced-over-bibletearing
114
See "Hellfest: l'incroyable requete de Christine Boutin aupres De Kronenbourg" Le Huffington Post 19
March 2010 located at http://archives-lepost.huffingtonpost.fr/article/2010/03/19/1995335_l-incroyable-requetede-christine-boutin-aupres-de-kronenbourg.html [Translated using Google Translate online software].

20

who sought an injunction to prevent minors from attending the festival.115 Hellfest also faced
scrutiny regarding the blasphemous desecration of French graves in the name of Satanic
death metal performers "Deicide" in the days prior to their scheduled appearance at the
festival116, with the organisers cancelling the band's performance as a result of the resulting
media and political frenzy117. Front-man Glen Benton commented on the bands cancellation,
pointing to the promoter's "show of weakness towards censoring us"118 and fact that the band
was punished for acts beyond its control: "someone does something stupid and us and the
fans have to pay for it".119 Here commentary can be made regarding the relative innocence of
the band yet still deemed socially punishable as a result of their profane image and reputation
for engaging in blasphemous acts.120 Other European heavy metal festivals have also faced
considerable public scrutiny in a similar fashion to Hellfest, with the Dutch Festival "Els
Rock" accused by Church officials in Holland of promoting blasphemy.121 In this instance
however, the media attention generated had little effect, as the permit for the festival had long
been approved and the festival proceeded without incident.
Though the above mentioned bands arguably have remained in the "underground",
other, more prominent heavy metal artists have too been accused of committing blasphemy.
One of the world's more successful heavy metal bands, Lamb of God, is one such act that
recently made headlines after the bands scheduled performance at a festival in Malaysia was
115

The Judge in this case refused their demand and the festival to this day allows minors to attend with parental
supervision. Also note that ticket sales for the festival doubled in light of the media coverage.
116
"Deicide Kicked off Hellfest Due to French Grave Desecrations" Blabbermouth.net March 21 2006 located at
http://www.blabbermouth.net/news/deicide-kicked-off-hellfest-due-to-french-grave-desecrations/
117
See the front page story of Le Telegramme (2006) "Sur La Piste Des Satanistes" (On the Track of Satanists)
February 11 edition.
118
"Deicide's Benton Comments on Being Kicked Off France's Hellfest" Blabbermouth.net March 22 2006
located at http://www.blabbermouth.net/news/deicide-s-benton-comments-on-being-kicked-off-france-shellfest/
119
The desecrator has to this day not been identified. Ibid
120
For example, Benton is known for having an inverted cross branded into his forehead. See Woods J. and
Heck, M. (2003) "Roc's Interview With Glen Benton" The Roc located at http://www.theroc.org/rocmag/textarch/roc-11/roc11-10.htm
121
"Church Officials Attempt to Ban Blasphemous Dutch Metal Festival" Blabbermouth.net July 13 2006
located at http://www.blabbermouth.net/news/church-officials-attempt-to-ban-blasphemous-dutch-metalfestival/

21

cancelled as a result of religious authorities (specifically the Department of Islamic
Development) claiming122 the bands use of Koranic text in one of its songs was
blasphemous.123 In this instance the Communications and Multimedia Ministry refused the
permit to allow the band to perform, commenting that doing so "could infringe on Malaysia's
religious sensibilities and cultural values".124 The band issued a statement commenting that
"it is very evident (and a bit frustrating) that the groups, parties and powers that have taken
the most offence to our music and lyrics have themselves only made a passing glance at the
content and meanings of those songs".125 As such, the Authorities had ignored the facts that
the band was not scheduled to perform the song in question and secondly, that the band has
never possessed an intention to blaspheme or critique Islam, either in the song in question or
otherwise.126 Thus, this example can also be contrasted with the above analysis in that despite
having no desire to blaspheme, accusations of blasphemy have been attached to heavy metal
musicians worldwide.127
Cradle of Filth and its Infamous, Irreligious T-shirt
Beyond theatrical performance and criminal activity lies a third element of extreme
heavy metal musicians that has also attracted accusations of blasphemy, the humble t-shirt.

122

"Ban Lamb of God Show as its Songs are mix of Metal, Quaranic Verses, Says Jakim - Bernama" The
Malaysian Insider August 31 2013 located at http://www.themalaysianinsider.com/malaysia/article/jakimobjects-to-lamb-of-gods-performance-bernama
123
"Malaysia Bans Gig by Heavy Metal Band Lamb of God as Blasphemous" The Guardian 5 September 2013
located at http://www.theguardian.com/world/2013/sep/05/malaysia-bans-lamb-of-god-metal-blasphemy
124
Ibid
125
Ibid
126
The band is however known for their anti-Christian sentiment, and have frequently met opposition from
Church groups in the United States, specifically for their band name and former band name "Burn the Priest".
See "About Lamb of God" MTV Artists located at http://www.mtv.com/artists/lamb-of-god/biography/
127
Note that many other non-heavy metal artists have also faced similar accusations in Malaysia, including most
recently R&B singer Erykah Badu and pop singers Kesha and Beyonce, though it appears that Heavy Metal
attracts a disproportionate amount of such controversies. See Ibid, "Malaysia Bans Kesha Concert Over
Religious Fears" Hindustan Times October 26 2013 located at
http://www.hindustantimes.com/entertainment/music/malaysia-bans-kesha-concert-over-religious-fears/article11140661.aspx and Porter, B. (2009) "Beyonce Cancels Malaysia Concert After Furor Over Racy Clothes"
Bloomberg October 20 located at http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aDpBHh9Ic0rg

22

Merchandising has long been seen as a vehicle in which protest and freedom of speech128
actions are carried129, however in the case of British black metal band "Cradle of Filth" one
of their t-shirt designs has landed them, and their fans in repeated hot water since its 1997
release. The t-shirt in question featured the front-image design of a woman dressed in a Nun's
cornette and habit masturbating, with her breasts exposed atop a caption "vestal
masturbation". The back design continued this theme, with, in large white capital letters a
caption reading "Jesus is a cunt".130 Interestingly, the t-shirt was designed by none other than
Nigel Wingrove, a frequent artistic collaborator of the band also known for his role as
director of the banned UK film "Visions of Ecstasy" as discussed above.131 As such it should
be of no surprise that the shirt was considered blasphemous upon release.132
Both civil and religious authorities have called for outright bans of the shirt on the
grounds of blasphemous libel, with fans and merchants each coming under considerable
scrutiny across numerous common law jurisdictions, though falling short of any litigious
judicial attention. For example, in 2007 a police sting operation charged an Edinburgh
shopkeeper with "selling obscene material aggravated by religious prejudice"133, for offering
to sell the t-shirt to an undercover policeman. During his appearance at Edinburgh Sherriff
Court, the shopkeeper's lawyer rejected the charge, commenting that "the initial suggestion
that the offence was aggravated by religious prejudice is clearly unfounded - this was nothing
128

See for example recent controversy regarding pop-star Rhianna's "DIY" t-shirt Carpenter, C. (2013) "NewlySingle Rihanna Pushes the Boundaries of Taste As She Steps Out in Self-Pleasure T-Shirt" Mail Online 16 May
located at http://www.dailymail.co.uk/tvshowbiz/article-2325415/Rihanna-pushes-boundaries-taste-steps-selfpleasure-T-shirt.html as well as the provocative American Apparel "period" t-shirt as discussed in "Piotrowski,
D. and Young, M. (2013) "Most Provocative T-Shirt Of All Time? American Apparel's Vagina Tee" News
Limited October 9 located at http://www.news.com.au/business/your-business/most-provocative-tshirt-of-alltime-american-apparel8217s-vagina-tee/story-fn9evb64-1226735328329
129
See Paul Robert Cohen v State of California (1971) 403 U.S. 15 91 S. Ct 1780
130
Hereafter "JIAC"
131
"UK Blasphemy Ban Overturned for Visions of Ecstasy" 3 News 1 February 2012 located at
http://www.3news.co.nz/UK-blasphemy-ban-overturned-for-Visions-ofEcstasy/tabid/418/articleID/241453/Default.aspx
132
See "Kerrang! X-Mas Festivale" Rahab December 19 2007, located at http://rahab.tripod.com/cofgig.html
133
"Shopkeeper Who Sold 'Obscene' Jesus T-Shirt Escapes Trial For Prejudice" The Scotsman 8 November
2007 located at http://www.scotsman.com/news/shopkeeper-who-sold-obscene-jesus-t-shirt-escapes-trial-forprejudice-1-699026

23

more than a business transaction...the t-shirt is unpleasant, but surely there is an issue of
freedom of speech involved here".134 Two separate issues are at play at this juncture. For one,
a lack of intent to blaspheme should assist the shopkeeper in his defence, akin to the death
metal discussion above. Consequently, the necessary intent associated with the Australian
conception of the Blasphemous Libel charge would not be present.135 Further, the free
speech issue is even more illuminating in this instance, as fans that have worn this t-shirt
have discovered in multiple jurisdictions.
Starting with their native England, multiple fans of the band have faced authorities as
a result of wearing the JIAC t-shirt.136 In 2004 a fan by the name of Dale Wilson was arrested
for sporting the shirt in Norwich. Wilson escaped any conviction, though was told to "grow
up" by the presiding Magistrate.137 Similarly in 2005 a fan by the name of Adam Shepherd
was fined and sentenced to 80 hours community service following complaints from a member
of the public.138 More noteworthy still, even the band's then-drummer, Nicholas Barker, was
arrested and charged with "creating a public disorder" in May 2005, though no further
proceedings resulted from the arrest.139 No strangers to controversy, the band has also landed
in hot water over another merchandise incident, being arrested by Italian authorities in 1998

134

135
The shopkeeper in question escaped prosecution for the offence, instead facing a "fiscal fine". This indicates
a discretionary element at play as regards sentencing. Ibid
136
In addition to the following examples, note the case of Rob Kenyon, who was found guilty of committing an
act of "profane representation" and fined 150 pounds. The fine was subsequently paid for by the band.
"Bloodsongs Interview" MkCof 1997 located at http://mkcof.tripod.com/i2.htm . Also note protests by
"Christians of Haverfordwest" in Wales who protested the selling of the t-shirt to a 13 year old in Wales in
2006. See Monitor (2006) "Filthy T-Shirt Offends Again" MediaWatchWatch located at
http://www.mediawatchwatch.org.uk/2006/01/18/filthy-t-shirt-offends-again/
137
138
Ibid
139
Ibid. The drummer was also arrested en route to playing the Dynamo Festival in Holland, however was
released after being charged with "creating a public disorder". "Bloodsongs Interview" MkCof 1997 located at
http://mkcof.tripod.com/i2.htm

24

for wearing t-shirts to the Vatican which read "I love Satan".140 The band was detained and
questioned by the Police, though eventually released without charge and allowed to continue
their Italian tour.
The JIAC t-shirt has also been the subject of a prolonged political campaign, with the
then Lord Provost of Glasgow, Alex Mosson, campaigning between 1999 and 2003 to have
the Tower Records chain cease stocking the garment, calling the shirts "sick and
offensive".141 Mosson succeeded in having Scottish police raid the Glasgow store twice,
however on the second occasion, and undoubtedly due to the widespread and sensationalised
media coverage of the first instance, the police were left embarrassed to discover that the tshirts in question had in fact, sold out.142 Though defiant at first by releasing a statement that
proclaimed "we pride ourselves on offering the largest range of products available and
leaving it to the customer to choose whether they wish to purchase them", Tower Records
eventually succumbed to public pressure, withdrawing the t-shirt from sale at all UK
locations.143 Again in this instance, freedom of expression had lost in the face of public
scrutiny.
Outside the UK, the t-shirt has also earned considerable attention,144 being officially
banned in New Zealand.145 On the 26th of June 2008, the New Zealand Office of Film and
Literature Classification released classification decision number 800513, regarding the
apparel entitled "Vestal Mastur#ation (Cradle of Filth)". In its decision, Ms Nicola McCully,
140

"Cradle of Filth: They're Sicks Sicks Sicks!" NME November 1 1998 located at
http://www.nme.com/news/cradle-of-filth/688
141
The band were quick to seize on the publicity, featuring the quote on the back cover of their DVD "Peace
Through Superior Firepower". See "Cradle of Filth: Peace Through Superior Firepower" DVD Empire located at
http://www.dvdempire.com/762279/cradle-of-filth-peace-through-superior-firepower-movie.html
142
"Tower of Strength" NME January 12 2001 located at http://www.nme.com/news/cradle-of-filth/5975
143
144
"Man Fined for Selling 'Offensive' Cradle of Filth T-Shirt" Blabbermouth.net located at
http://www.blabbermouth.net/news/man-fined-for-selling-offensive-cradle-of-filth-t-shirt/
145
"Censor's Ban on 'Cradle of Filth' T-Shirt" Scoop located at
http://www.scoop.co.nz/stories/PO0807/S00009.htm

25

deputy Chief Censor, wrote of the "injury to the public good that is likely to be caused by the
availability of this T-shirt" and commented further that "a fair interpretation of the messages
conveyed by this T-shirt is that Christians should be vilified for their religious beliefs, and
that women including caste and celibate women, cannot stop themselves engaging in sexual
activity".146 The decision was hailed by John Mills, President of the New Zealand Society for
Promotion of Community Standards, who regarded the decision as "bold, morally courageous
and legally sound".147
A cursory examination of blasphemy law in New Zealand renders these comments
curious at best, as though there exists the charge of blasphemous libel (section 123 of the
New Zealand Crimes Act 1961) there has historically only been one successful charge of
blasphemy in New Zealand148, that being John Glover in 1922.149 More-so however, Mills
comments seem to conflict with the broader application of the New Zealand Bill of Rights
Act 1990, specifically Section 14 which protects freedom of expression.150
Regardless, such legislative protections have not stopped New Zealand fans of the
band and merchants from considerable scrutiny over the shirt, with attempts to circumvent
the decision of the Office of Film and Literature Classification since its ban in 2008. Retailer
Warren Craig Skill was fined $500 NZD151 on a charge of "possessing an objectionable
publication", derived from the Films, Videos and Publications Classification Act.152 An order

146

"Censor's Ban on 'Cradle of Filth' T-Shirt" Scoop located at
http://www.scoop.co.nz/stories/PO0807/S00009.htm
147
Ibid
148
Note that a prosecution for blasphemy may only proceed with leave from the New Zealand AttorneyGeneral. See Ahdar, R.T. (2008) "The Right to Protection of Religious Feelings" Otago Law Review Vol 11 No
4 pp629-656
149
"Story: Religion and Society" The Encyclopaedia of New Zealand located at
http://www.teara.govt.nz/en/religion-and-society/page-6
150
New Zealand Bill of Rights Act 1990 s14 located at
http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM225513.html
151
"Man Fined for Selling Derogatory Clothing" The Southland Times 15 February 2012 located at
http://www.stuff.co.nz/southland-times/news/6418972/Man-fined-for-selling-derogatory-clothing
152
Films Videos and Publications Classification Act 1993 located at
http://www.legislation.govt.nz/act/public/1993/0094/latest/DLM312895.html

26

was made by the Invercargill District Court to destroy the garments.153 Skill had commented
that he was unaware of the ban, and noted that the shirt had been one of his stores fastest
selling items.154 Thus, despite the 2008 ban effectively making any act of "possessing,
wearing distributing or selling the t-shirt, or another top with the same wording or imagery,
illegal"155 fans and retailers have taken issue with the classification board's decision.156
Interestingly the shirt is still available for import157 suggesting that the conflict of laws at play
here between the classification board's decision and the NZ Bill of Rights Act 1990 is yet to
be fully clarified.
Australia too has faced scrutiny from the JIAC shirt, though to a lesser extent than in
New Zealand and the UK. In 2010 a fan by the name of Alexsei Vladmir Nikola faced public
nuisance charges for sporting the shirt in the Brisbane CBD,158 and similarly a Gold Coast
Teenager was charged with offensive behaviour under the Summary Offences Act 2005
(QLD) in 2008.159 Further, a Townsville woman faced scrutiny for wearing the t-shirt in a
shopping mall in 2001,160 whilst another Queenslander by the name of Mathew John Bowdler

153

xFiruath (2011) ""Jesus is a Cunt" Cradle of Filth Shirts Reportedly Seized from Invergcargill Store" Metal
Underground June 8 located at http://www.metalunderground.com/news/details.cfm?newsid=68976
154
"Man Fined for Selling Derogatory Clothing" The Southland Times 15 February 2012 located at
http://www.stuff.co.nz/southland-times/news/6418972/Man-fined-for-selling-derogatory-clothing
155
xFiruath (2011) ""Jesus is a Cunt" Cradle of Filth Shirts Reportedly Seized from Invergcargill Store" Metal
Underground June 8 located at http://www.metalunderground.com/news/details.cfm?newsid=68976
156
Note incidents as described in Bowden, Anna (2006) "Offensive Religious T-Shirt Angers" Bay of Plenty
Times 28 February p3 and Dudding, Adam (2010) "Nice Pens, a Rude T-Shirt and Sausages" Sunday Star Times
8 August p8 both in Pringle, Helen (2011) "Regulating Offence to the Godly: Blasphemy and the Future of
Religious Vilification Laws" UNSW Law Journal Vol 34 (1) p318
157
For example, see the popular heavy metal merchandising website "Rockabilia" who ship worldwide "Cradle
of Filth" Rockabilia located at http://www.rockabilia.com/cradle-of-filth-vestal-masturbation-t-shirt.html as well
as the bands official webshop "Vestal Masturbation - Long Sleeve T-Shirt" JSR Direct located at
http://www.jsrdirect.com/bands/cof/vestal-masturbation-long-sleev?options=cart. Note that this also has the
option to ship to New Zealand.
158
Bentley, A. (2010) "Heavy Metal Fan Charged Over T-Shirt" Brisbane Times October 7 located at
http://www.brisbanetimes.com.au/queensland/heavy-metal-fan-charged-over-tshirt-20101007-168u8.html
159
"Cradle of Filth - Australian Teenager Arrested for his Supposedly Blasphemous T-Shirt" Religious Watch
26th June 2008 located at http://www.religiouswatch.com/thread00243_cradle_of_filth.htm
160
Bettina Giardina, (2001) 'How Dare She: Woman Wore Offensive Shirt in Shopping Mall" Townsville
Bulletin 4 May in Pringle, Helen (2011) "Regulating Offence to the Godly: Blasphemy and the Future of

27

was fined for sporting the shirt in 2003.161 Despite such incidents however, Australian
merchants have not faced the same pressure as those abroad for stocking or selling the item,
nor has the shirt come before Australian Classification Board. Similarly the item remains
readily available for ordering through the internet.162
The Band Speaks
The preceding analysis exemplifies the tremendous controversy that the JIAC t-shirt
has disgorged across multiple jurisdictions and sectors of society. Yet little attention has been
paid to the band's intensions behind the shirt's release, or the message that they are trying to
advance with it. When interviewed, the band's vocalist Dani Filth163 commented "It's got
nothing to do with the Church...I agree, it's a very over-board statement to make, but it was
an adversity, going against the usual mediocre statement of 'Jesus Loves You'. I mean, what
does it mean? The 'Jesus is a Cunt' thing is just a reaction to that".164 The band's thendrummer, Nicholas Barker, having been scrutinised multiple times for wearing the shirt165
added "everything's censored over here. Basically, because of the bullshit in England, it was
like having a go at the establishment. You know, I'm an Adult, I can think for myself, yet we're
told what to do, what we can watch and what we can't watch."166
These comments suggest that the band are simply protesting what they perceive as
unquestionable societal adherence to the influences of the Church of England and further, of
censorship and restrictions on one's individual liberty and freedom of choice. The band has
not shown a specific intention to cause blasphemous libel, even though this was its practical
161

Bettina Giardina, (2001) 'How Dare She: Woman Wore Offensive Shirt in Shopping Mall" Townsville
Bulletin 4 May in Pringle, Helen (2011) "Regulating Offence to the Godly: Blasphemy and the Future of
162
"Cradle of Filth Bring Back Infamous Jesus Is A Cunt Shirts; Now Available Via Official Webshop" Brave
Words & Bloody Knuckles November 14 2011 located at http://www.bravewords.com/news/172578.
163
Also known as Dani Davey
164
"Bloodsongs Interview" MkCof 1997 located at http://mkcof.tripod.com/i2.htm
165
As discussed above.
166

28

effect. Here the British act can be differentiated from those in the preceding discussion
surrounding black metal bands in Norway as regards the issue of blasphemous intent, as
entirely different legal contexts have framed the response to their respective actions. One can
speculate as to the legal and media response to the Norwegian musicians in question had their
acts taken place within England or a similar common law jurisdiction.
Blasphemy Worldwide - Russia
As the preceding analysis explored, the legal regime that has characterised these acts
has focused on the civil or criminal aspects (including charges of public nuisance, importing
a prohibited product and arson) rather than utilise any of the blasphemous libel charges
available. This suggests an inherent motive to move away from what has been critiqued as a
draconian167 and outdated law.168 Yet elsewhere in the world, the law of blasphemy not only
remains, but is growing,169 with some nations drafting new legislation170 in an effort to curtail
what is perceived as growing social unrest.
For example, Russia has recently ushered in a new set of laws171 designed to combat
the ability to insult "religious feelings" in a move strongly backed by both the Russian

167

See, for example, the law's repulsion from Holland in Bezhan, F., "Dutch Parliament To Revoke Blasphemy
Law" Radio Free Europe Radio Liberty November 5 2013 located at http://www.rferl.org/content/dutchparliament-revokes-blasphemy-law/24785198.html
168
For commentary see "Blasphemy Law Outdated, Says Dobson" British Broadcasting Corporation 21
November 2001 located at http://news.bbc.co.uk/2/hi/uk_news/politics/1668192.stm
169
Note recent comments made by A Catholic Bishop in Germany: "Bishop Calls for Blasphemy Laws" The
Local 2 August 2012 located at http://www.thelocal.de/society/20120802-44127.html
170
See for example the case of Ireland, who in 2009 enacted the Defamation Act 2009, specifically s36 covering
the "publication or utterance of blasphemous matter" located at
http://www.irishstatutebook.ie/2009/en/act/pub/0031/sec0036.html , However, note commentary by O'brien,
K.A. (2002-2003) "Ireland's Secular Revolution: The Waning Influence of the Catholic Church and the Future
of Ireland's Blasphemy Law" University of Connecticut Journal of International Law p395
171
Russia has also recent introduced laws aimed at curbing homosexual "propaganda" though this topic is
outside the scope of this paper: Weaver, C. (2013) "Russia Gay Propaganda Law Fuels Homophobic Attacks"
Financial Times August 16 located at http://www.ft.com/cms/s/0/71eaa49e-0580-11e3-8ed500144feab7de.html#axzz2inmBZEc0 [free subscription required for access]

29

Orthodox Church and Russian Government.172 The amendments to its Penal Code came as
three members of the Russian punk-rock band "Pussy Riot" were incarcerated for
"hooliganism"173, legally defined as "any deliberate behaviour that violates public order and
expresses explicit disrespect toward society" under Article 216 of Russia's penal code.174
Here it appears that hooliganism is used as a broad term to encapsulate conduct that goes
against the established order. The parallels between this definition and the intentions of those
associated with the early Norwegian black metal movement seem readily apparent. Russia
also has a bill currently under consideration proposing prison sentences for "desecration",
which would include the destruction of Church property and other 'sacrilegious' acts.175
Again, such legislation seems eerily reminiscent of that debated in Scandinavia during the
1990s, however in this case, it appears that the legislation is more protective of the religious
right than the human rights protections that have prevailed elsewhere.
The Arab World
Though heavy metal does exist within the Arab World,176 it very much lingers in the
underground,177 and in States with well established blasphemy laws178 there is a growing

172

Duke, Barry (2013) "Russia Embraces Religious Intolerance With Draconian Blasphemy and Anti-Gay
Laws" The Freethinker June 12 located at http://freethinker.co.uk/2013/06/12/russia-embraces-religiousintolerance-with-draconian-blasphemy-and-anti-gay-laws/
173
Smith-Spark, L. (2012) "Russian Court Imprisons Pussy Riot Band Members on Hooliganism Charges"
Cable News Network August 18 located at http://edition.cnn.com/2012/08/17/world/europe/russia-pussy-riottrial/index.html
174
O'brien J. (2012) "Pussy Riot Hooliganism" Global Post August 17 located at
http://www.globalpost.com/dispatch/news/regions/europe/russia/120817/pussy-riot-hooliganism
175
"'Jail for Sacrilige': Vandalism by Pussy Riot Supporters Angers MPs" Russia Today August 22 2012 located
at http://rt.com/politics/sacrilege-law-church-punishment-272/ The Norwegian incidents of the 1990s would
likely come under these laws.
176
See for example bands discussed in "The Official Site of Arabian Rock & Metal Music" Arabian Metal
located at http://www.arabianmetal.com/news.php and note the response to heavy metal bands playing in
Muslim-majority countries, such as Lamb of God, as discussed above.
177
See for example Janaza (Iraqi anti-Islamic one-woman black metal project) and others as discussed in Kelly,
K. (2012) "When Black Metal's Anti-Religious Message Gets Turned on Islam" The Atlantic July 11 located at
http://www.theatlantic.com/entertainment/archive/2012/07/when-black-metals-anti-religious-message-getsturned-on-islam/259680/
178
Particularly those where Sharia Law operates, for example Afghanistan, Malaysia, Saudi Arabia and many
more. Note that in several of these jurisdictions, the penalty for blasphemy is death. See for example Aeneas
(2013) "Shi'a Cleric Sentenced to Death for Blasphemy in Saudi Arabia" International Civil Liberties Alliance

30

movement to have such restrictions widely expanded.179 As discussed above, works such as
Salman Rushdie's "The Satanic Verses" have long been deemed blasphemous180 across the
Middle East resulting in its banning in multiple countries and widespread calls for the death
of its Author.181 More recently however, it is another Western work that has inflamed the
debate182, with the American "YouTube" film trailer "Innocence of Muslims" causing
global183 furore184 and resulting in the blocking of the film185 and the video-hosting website186
in multiple Arab and Muslim-majority countries.187 The film has served as a catalyst to have
long-running domestic blasphemy laws188 expanded, and at a September 2012 meeting of the
United Nations did blasphemy take centre stage as a global issue.189

April 21 located at http://www.libertiesalliance.org/2013/04/21/shia-cleric-sentenced-to-death-for-blasphemyin-saudi-arabia-sign-the-petition-calling-for-the-immediate-release-of-ayatollah-nimr-baqr-al-nimr/
179
McCormick, T. (2012) "Why is Saudi Arabia Beefing Up its Blasphemy Laws?" Foreign Policy July 12
located at
http://blog.foreignpolicy.com/posts/2012/07/17/why_is_saudi_arabia_beefing_up_its_blasphemy_laws_0 [free
subscription required for access]
180
Note that in Islam there is no direct equivalent of the Christian/British notion of blasphemy but insulting
God, Muhammad or any related scripture is deemed a serious crime under Sharia law. See Hassan, R. (2006)
‘Expressions of Religiosity and Blasphemy in Modern Societies’,
in E.B. Coleman and K. White (eds) Negotiating the Sacred: Blasphemy and
Sacrilege in a Multicultural Society, pp. 119–30. Canberra: ANU E Press.
181
See Rushdie, S. (2012) "The Disappeared" The New Yorker September 17 located at
http://www.newyorker.com/reporting/2012/09/17/120917fa_fact_rushdie
182
In addition to the furore caused by the Jyllands-Posten Muhammad Cartoons Controversy. See Shields, M.
(2012) "Danish Mohammad Cartoonist Rejects Censorship" Reuters September 20 located at
http://www.reuters.com/article/2012/09/20/us-protests-cartoonist-idUSBRE88J0BY20120920
183
See for example, the sentencing in absentia of its director to death in an Egyptian Court. "'Innocence of
Muslims' Filmmaker Sentenced To Death in Egypt" The Sydney Morning Herald November 29 2012 located at
http://www.smh.com.au/world/innocence-of-muslims-filmmaker-sentenced-to-death-in-egypt-201211292ahvx.html
184
Notably, even Salman Rushdie has condemned the film. Elgot, J. (2012) "Muslims Call For Blasphemy Law
in UK and UN to Prevent Repeat Of Anti-Mohammad YouTube Film" The Huffington Post UK 25 September
located at http://www.huffingtonpost.co.uk/2012/09/25/muslims-blasphemy-law-uk-un-mohammedyoutube_n_1912004.html
185
Gross, M.J. (2012) "Disaster Movie" Vanity Fair December 27 located at
http://www.vanityfair.com/culture/2012/12/making-of-innocence-of-muslims
186
Zielenziger, D. (2013) "Google Blocking Access to 'Innocence of Muslims' In Middle East, India"
International Business Times 4 November located at http://www.ibtimes.com/google-blocking-access%E2%80%98innocence-muslims%E2%80%99-middle-east-india-789258
187
Though note that the Russian Justice Ministry has also banned the film "Russia Bans 'Innocence Of Muslims'
Video As Extremist" Radio Free Europe Radio Liberty October 2 2012 located at
http://www.rferl.org/content/russia-innocence-of-muslims-banned/24726173.html
188
Blasphemy laws are already enacted across most Muslim-majority nations including Iran, Indonesia and
Pakistan. See for example Thames, Knox (2012) "The Ravages of Pakistan's Blasphemy Law" Freedom House
located at http://www.freedomhouse.org/blog/ravages-pakistan%E2%80%99s-blasphemy-law
189
Elgot, J. (2012) "Muslims Call For Blasphemy Law in UK and UN to Prevent Repeat Of Anti-Mohammad
YouTube Film" The Huffington Post UK 25 September located at

31

An Ideological Divide
In a Press Conference following the heated debate190, UN Secretary-General
suggested that limitations to freedom of speech were appropriate when such speech was
"used to provoke or humiliate"191 adding that "freedom of expression, while it is a
fundamental right and privilege, should not be abused by such people, by such a disgraceful
and shameful act".192 Western commentators have responded fiercely193, with The
Australian's Albrechtsen commenting "it is not enough that illiberal countries such as
Pakistan long have used these abhorrent laws to persecute minorities. Radical Muslims...want
global blasphemy laws available to Muslim minorities in the West, to suppress criticism of
Islam in their new countries."194 Thus here we see two sides of an ideological divide as
regards the regulation of blasphemy. Between those that see freedom of speech as an
inalienable right195 that can be used to defend views that go against the established norms of a
majority, and others who believe that that those same established norms should be protected
and respected, even if that comes at the cost of human rights. Responses to the debate will
invariable depend on the social and cultural context in which the author operates196 and thus,
with such a firm ideological divide, it seems as if this topic will undoubtedly remain to be
debated in the years to come.
http://www.huffingtonpost.co.uk/2012/09/25/muslims-blasphemy-law-uk-un-mohammedyoutube_n_1912004.html
190
See Richter, Paul (2012) "Blasphemy Campaign Threatens to Derail UN" The Sydney Morning Herald
September 26 located at http://www.smh.com.au/world/blasphemy-campaign-threatens-to-derail-un-2012092526jh5.html
191
"Press Conference by Secretary-General Ban Ki-Moon At United Nations Headquarters" United Nations 19
September 2012 located at http://www.un.org/News/Press/docs/2012/sgsm14518.doc.htm
192
Ibid
193
Including those at the U.N. See Evans, Robert (2013) "End Blasphemy Laws Threatening Minorities: U.N.
Faith Expert" Reuters March 6 located at http://www.reuters.com/article/2013/03/06/us-un-religion-rightsidUSBRE9251LV20130306
194
Albrechtsen, J. (2012) "Say It While You Can, Global Blasphemy Laws Would Be An Abomination" The
Australian September 26 2012 located at http://www.theaustralian.com.au/opinion/columnists/say-it-while-youcan-global-blasphemy-laws-would-be-an-abomination/story-e6frg7bo-1226481355256#
195
For an in-depth discussion of the human rights issues at play see Freedom House "Policing Belief: The
Impact of Blasphemy Laws on Human Rights" located at http://www.freedomhouse.org/report/specialreports/policing-belief-impact-blasphemy-laws-human-rights
196
Note the interesting discussion on "legal relativism" put forth by Unsworth, C. (1995) "Blasphemy, Cultural
Divergence and Legal Relativism" Modern Law Review Vol 58 p658

32

Conclusion

The preceding analysis paints a multifarious, malleable picture in which approaches to
blasphemy vary considerably based on surrounding legal and social contexts. In many
Western States the law has developed considerably over time to a point of disuse, and
eventual repeal. In other Western, Eastern and Islamic States blasphemy laws remain, with
some States incorporating blasphemy as a law with criminal repercussions, and in others
where the penalty is of a more civil and pecuniary nature. Heavy metal serves as a useful case
study comparing these approaches, and further as a means of exploring the tensions that often
arise between the protection of religious sensibilities and the promotion of free speech.
Fundamentally however, this commentary seeks to illustrate a law that is at a crossroads, and
a debate that will likely remain front of mind for the foreseeable future.

33

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Newspaper Articles and Other Media
"About Lamb of God" MTV Artists located at http://www.mtv.com/artists/lamb-of-god/biography/
Aeneas (2013) "Shi'a Cleric Sentenced to Death for Blasphemy in Saudi Arabia" International Civil Liberties
Alliance April 21 located at http://www.libertiesalliance.org/2013/04/21/shia-cleric-sentenced-to-death-forblasphemy-in-saudi-arabia-sign-the-petition-calling-for-the-immediate-release-of-ayatollah-nimr-baqr-al-nimr/
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Australian September 26 2012 located at http://www.theaustralian.com.au/opinion/columnists/say-it-while-youcan-global-blasphemy-laws-would-be-an-abomination/story-e6frg7bo-1226481355256#
"Andre Krenkelser" located at http://www.nored.no/Juss/Andre-krenkelser [Translated using Google Translate
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"Ban Lamb of God Show as its Songs are mix of Metal, Quaranic Verses, Says Jakim - Bernama" The
Malaysian Insider August 31 2013 located at http://www.themalaysianinsider.com/malaysia/article/jakimobjects-to-lamb-of-gods-performance-bernama
BBC (2008) "On this Day: 1989 - Ayatollah Sentences Author to Death" British Broadcasting Corporation
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Bettina Giardina, (2001) 'How Dare She: Woman Wore Offensive Shirt in Shopping Mall" Townsville Bulletin 4
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2013 located at http://www.rferl.org/content/dutch-parliament-revokes-blasphemy-law/24785198.html
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BNR Metal Pages "Burzum" located at http://www.bnrmetal.com/v3/band/band/Burz
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36

Heavy Metal Blasphemy - Thomas P Binetter 2013

Heavy Metal Blasphemy - Thomas P Binetter 2013

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