What impact does Section 298 have on freedom of expression?

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Section 298 of the Penal Code Impedes Freedom of Expression by Restricting Religious Discourse

Section 298 of the Penal Code, which criminalises acts deemed offensive to religious feelings, has a significant impact on freedom of expression. The law's application, as seen in the case of the film Mentega Terbang, has led to charges against its director and producer for allegedly attempting to wound religious sentiments. Rights groups, including Article 19, have strongly criticised such provisions, arguing they are inherently arbitrary and susceptible to misuse, thereby disproportionately affecting minority groups and individuals with unconventional viewpoints.
Blasphemy Provisions Are Arbitrary and Open to Abuse

The core issue with Section 298, according to Article 19, lies in its arbitrary nature and its potential for abuse. By empowering government authorities to define the boundaries of religious discourse, the provision grants them undue influence over what can be expressed concerning religion. This broad authority can lead to subjective interpretations and selective enforcement, creating an environment where individuals fear expressing views that might deviate from established norms.
Minority Groups and Unpopular Opinions Are Disproportionately Targeted

Experience suggests that provisions like Section 298 often disproportionately impact minority religious groups and individuals who hold unpopular opinions. These groups may be more vulnerable to accusations of offending religious feelings, as their perspectives might inherently challenge prevailing religious sentiments. The charging of the Mentega Terbang director and producer, who faced criticism from conservative Muslims for their film's content, exemplifies how such laws can be wielded against those expressing potentially contentious ideas.
Enforcement of Blasphemy Laws Promotes Intolerance

The application of blasphemy provisions, particularly when accompanied by criminal sanctions, is viewed as highly problematic. Article 19 contends that these laws actively promote intolerance by curtailing fundamental rights, including freedom of expression, thought, and religion. When the state intervenes to police religious discourse through criminal law, it can stifle open dialogue and create a climate of fear, ultimately leading to negative societal consequences.

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What impact does Section 298 have on freedom of expression?

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