what is the legal definition of a religion in ireland?

Helix

as above, if indeed one exists

thanks a million

Dandelion6

I stand to be corrected on this but I don't think there is a legal definition. The Charities Act provides certain guidelines under which organisations that describe themselves as religions may be excluded from the provisions of that Act. Not sure if those guidelines would carry over to the Defamation Act if that's what you're wondering.

Helix

yup pretty much a defamation act question. if theres no actual legal definition for a religion, doesnt that mean anyone can claim anything to be blashphemous based on a made up religion them and their mates are "members of"?

johnfás

There is no legislative definition and there isn't really a definitive common law one either but there is quite a bit of caselaw both here and in the UK in relation to charitable trusts which might be indicative as to how the courts would react if they were have to deal with the Blasphemy provisions, which probably isn't actually that likely because most cases would be struck out because of lack of intent or because they possess some artistic merit etc.

In Quinns Supermarket v AG, it was held that religion is not limited to the Christian faiths, which is fairly obvious. That case concerned opening hours specific to Jewish shops. In England in United Grand Lodge v Holborn Borough Council it was held that the freemasons were not a religion. In Re Southplace Ethical Society it was held that spiritualism did not advance religion in relation to a charitable bequest.

As I said, there is no definition, but based on caselaw which might be relevant you can probably exclude organisations which are secret and not open to the public and equally, Southplace, while an English case, would suggest that there must be some sort of defined and organised belief system - which would be a stumbling block towards anyone like an atheist who sought to use the blasphemy provisions for comments which grossly offended their beliefs.

drkpower

Helix wrote: »

yup pretty much a defamation act question. if theres no actual legal definition for a religion, doesnt that mean anyone can claim anything to be blashphemous based on a made up religion them and their mates are "members of"?

Yes; anyone can claim that. But that is what judges (and the DPP, to a certain extent) are there for; to determine if it is a religon and if the rest of the offence has occurred. Commom Law systems tend to be reluctant to define everything; it can cause more problems than it is worth.

So, a few 'mates' who claim they are in a religon are unlikely to be considered to be a religon for the purpose of this law.

Our man in Havana

Well, if their religion is open to the public and has a beliefs system I would see no problem.
it just goes to show that the blasphemy provisions are a joke.

Helix

drkpower wrote: »

a few 'mates' who claim they are in a religon are unlikely to be considered to be a religon for the purpose of this law.

BLASPHEMY!!!!!!