PROSECUTION FOR BLASPHEMOUS LIBEL REFUSED
The recent decision in John Conway -v- Independent Newspapers (Ireland) Limited, Independent Newspapers plc and Aengus Fanning concerned an application for leave to institute criminal proceedings for blasphemous libel.

The proceedings concerned the publication by the Sunday Independent of a cartoon which was beside an article on the divorce referendum. The cartoon showed a priest offering a host to three prominent politicians who were turning away and appeared to be waving goodbye. The cartoon was headed "Hello progress - bye bye Father?".

The Applicant, Mr. Conway was offended by this cartoon and the wording. He sought to institute criminal proceedings for blasphemous libel against the Sunday Independent. He was unsuccessful in the High Court.

The Supreme Court ruled that blasphemy was not defined in the 1937 Constitution nor in any statute. It was therefore impossible to state the elements of the offence.

The court decided that it was for Oireachtas to define the crime of blasphemy: its role was to adapt the common law crime of blasphemy to the circumstances of a modern state with the citizens of many different religions, guaranteeing freedom of conscience and a free profession and practice of religion. As there was no legislation dealing with blasphemy, the court was not in a position to authorise the institution of a criminal prosecution for blasphemy.

The application was therefore refused.