Religious Boundaries to the Freedom of Speech in the Age of New ...

Religious Boundaries to the Freedom of Speech
in the Age of New Media: A Dutch Perspective 1
Abstract 2
The idea of freedom of speech is not alien to Islamic tradition; its need in society is supported in the Qur’an.
Contrary to public sentiment, freedom of speech in the European context has been emphasized on the
idea that the freedom is not absolute. Although the freedom of speech offers space to shock and disturb –
in a proportionate way – it carries with it duties and responsibilities, thus it may be subject to conditions
and restrictions e.g. necessary to uphold public order, safety, and to protect of the reputation and rights
of others. This is much aligned to the notion in Islam, that any freedom should be in observance of the
respect and tolerance for and dignity of others.
The trial of the Dutch politician Geert Wilders in 2011 and the controversy and public uproar surrounding
the Danish cartoons in 2006 are two examples in which the space offered in the European context of
freedom of speech were exploited. The very goal of any imposing any `limitations’ to freedom of speech in
the European context – i.e. maintaining public order and safety was jeopardized as the information
surrounding both the subject of the controversies as the hypes themselves seemed to only add fuel to the
fire.
New Media have provided a seemingly unlimited spectre of information sharing through among others
internet, blogs, social media. However, the emergence of new types of media have increased biased `news’
greatly, as many providers of `news’ seem to entertain the notion that the news should be consumed
maximally, even if this would lead to compromising normal journalistic standards of objectivity, balance
and accuracy.
The framework of Dutch law in regard to the freedom of speech on one hand, and the role of New Media
on the other hand has led to exacerbation of the tensions surrounding issues related to Islam and Muslims.
The ethics of a debate and law are not complementary in the case of the freedom of religion vis à vis the
freedom of speech. By not acknowledging that freedom of speech and freedom of religion in a democracy –
as any degree of freedom - are attached to responsibilities on part of all involved, as well as to norms of
ethics and of propriety, the two freedoms unnecessarily are placed diametrically opposed to each other.
Keywords: freedom, speech, religion, Islam, Dutch, law, Europe, boundaries,
democracy.
Introduction
Do not insult the idols of other people because they will insult Allah.....(Koran 6:108)
A Right isn’t always Right
Muslims in Europe in general, but in the Netherlands in particular experience the constant criticism
on Islam as offensive. Over the last ten years, they have had to endure a barrage of insults, ranging
from calling Islam backward to comparing the Qur’an to Hitler’s Mein Kampf and from claims that all
1 Sofjan S. Siregar, President of the Islamic University of Europe, Rotterdam the Netherlands,
sofjansir@mail.com
2 Presented at the 2nd International Conference on Islamic Media, 13 December 2011, Jakarta, Indonesia.
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