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Continuing with my investigation of when the Spanish Criminal Code punishes speech, I found
510.2. Those who, knowing its falsehood or with reckless disregard for the truth, spread injurious information on groups or associations  with relation to their ideology, religion, or beliefs, members' belonging to an ethnic group or race, their national origin, sex, sexual orientation, disease or handicap shall be imprisoned for 1 to 3 years and fined 6 to 12 months.

525.1. Those who, in order to offend the feelings of a religious confession, make public scorn of their dogmas, beliefs, rites or ceremonies, by spoken or, written means or by any other kind of document, or vex, also in public, those who profess or practice them, shall be fined 8 to 12 months.
    2. The same penalty will be incurred by those who publicly scorn, by word or writing, those who profess no religion.

510.1. refers to "provoking discrimination, hatred or violence", and includes an explicit reference to antisemitism as a motive. (My translation: all errors or omission are mine)

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Migeru (migeru at eurotrib dot com) on Wed Feb 8th, 2006 at 09:47:50 AM EST
[ Parent ]
...this is interesting:

The same penalty will be incurred by those who publicly scorn, by word or writing, those who profess no religion.

I should ask an expert on this, but I don't think the Dutch law has that in place. So when Christians publish an article that those like me are hapless idiots because I don't believe, I can charge them?

by Nomad on Wed Feb 8th, 2006 at 12:12:43 PM EST
[ Parent ]
Hmmm, now I'm beginning to get curious about whether there have been any cases involving this article 525... I wonder what the standard of proof for "intent to hurt feelings" or "scorn" would be.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Migeru (migeru at eurotrib dot com) on Wed Feb 8th, 2006 at 12:44:46 PM EST
[ Parent ]
Well, we have come full circle. A couple of days back Kcurie mentioned the case of a computer programmer who had been indicted for creating a game where the goal was to shoot at Easter processions. Here is a news story (in Spanish) from last September, when the trial was about to take place. (I managed to find an English story after composing this message)

The game in question was called Matanza Cofrade (Brotherhood Massacre) and in it the cofrades (members of Easter Brotherhoods) of three major Sevilla brotherhoods were replaced by zombies which had to be shot. The three powerful brotherhoods sued him for trademark violation (as the game used the trademarked emblems of the brotherhoods without permission) and "offending the religious feelings of a group by scorn of their ceremonies". The prosecution asked for 1 year imprisonment (for trademark violation) and a nearly €8000 fine.

According to the Spanish Wikipedia article on Matanza Cofrade,

charges were dropped when the author apologized to those he might have offended, asserting that "it was just a game". The public prosecutor stated that the deeds did not "fulfil all necessary conditions" as "there had not been a sufficient degree of trademark or product confusion". The judge, in her turn, issued a "not guilty" sentence..
So, that was that. In the Spanish news item linked above, it says that the programmer declared to the Guardia Civil (presumably as the complaint was first investigated) that he "acted without malice" and "didn't make any money" off the game.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Migeru (migeru at eurotrib dot com) on Wed Feb 8th, 2006 at 04:53:50 PM EST
[ Parent ]
Cool!

I shall move to Spain, provoke such an insult, and test the law :-)

*Lunatic*, n.
One whose delusions are out of fashion.

by DoDo on Wed Feb 8th, 2006 at 12:45:04 PM EST
[ Parent ]
You do realize this comment of yours could be used as evidence to throw out the case?

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Migeru (migeru at eurotrib dot com) on Wed Feb 8th, 2006 at 12:50:16 PM EST
[ Parent ]
I shall trust my internet anonymity :-)

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Wed Feb 8th, 2006 at 01:06:28 PM EST
[ Parent ]
...since DoDo professed less than a few days ago he was an atheist, and not Christian...
by Nomad on Wed Feb 8th, 2006 at 01:12:11 PM EST
[ Parent ]
I tried but failed to find how the above connects to what Migeru said, I thought all three of us were talking about §525.2.

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Wed Feb 8th, 2006 at 01:34:17 PM EST
[ Parent ]
Here: if you're an atheist, and you move to Spain, and start off to publicly insult atheists that they are hapless idiots for not believing in a God... Don't you think, the judge will look at you and say: "And who are you kidding?"

To the letter of the law, you still would be fined, though.

by Nomad on Wed Feb 8th, 2006 at 02:18:12 PM EST
[ Parent ]
Oh, I see. But what I meant was to provoke theists to insult me! :-)

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Wed Feb 8th, 2006 at 02:23:08 PM EST
[ Parent ]
Poor nomad is too naive to imagine such shenanigans ;-)

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Migeru (migeru at eurotrib dot com) on Wed Feb 8th, 2006 at 02:23:48 PM EST
[ Parent ]
"I've got a cunning plaaaan..."

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Wed Feb 8th, 2006 at 02:25:34 PM EST
[ Parent ]
I always start with the good in everyone. Hopelessly disappointing.
by Nomad on Wed Feb 8th, 2006 at 03:20:37 PM EST
[ Parent ]
Whereas, if you would suppose the worst, you'll get nothing but positive surprises!

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Wed Feb 8th, 2006 at 03:24:40 PM EST
[ Parent ]
Always the pessimist... Or are you being an optimist?

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman
by Migeru (migeru at eurotrib dot com) on Wed Feb 8th, 2006 at 05:56:10 PM EST
[ Parent ]

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