As an expert in the field of law, I can provide an informed response to your question regarding the legality of blasphemy. It's important to note that laws vary greatly from country to country, and even within different jurisdictions of the same country, the legal status of blasphemy can differ significantly.

In the context of the United Kingdom, the amendment you mentioned to the Criminal Justice and Immigration Act 2008 indeed marked a significant change in the legal landscape. Prior to this amendment, the common law offences of blasphemy and blasphemous libel were recognized in England and Wales. These offences were rooted in historical legal principles and were used to prosecute individuals who were deemed to have insulted religious beliefs or figures in a manner that could incite hatred or violence.

However, with the passage of the amendment on 5 March 2008, the common law offences of blasphemy and blasphemous libel were abolished. This means that these specific legal provisions are no longer in effect and cannot be used to prosecute individuals for blasphemy. The distinction between "abolished" and "repealed" is important; abolished implies that the law is no longer applicable, whereas repealed would suggest that the law is formally removed from the books but could potentially be reinstated.

It's also worth noting that the abolition of these common law offences does not mean that there are no legal protections against hate speech or incitement to violence. Other laws, such as those relating to incitement to racial or religious hatred, still provide a framework for addressing harmful speech that could lead to social unrest or harm to individuals or groups.

Moreover, the legal status of blasphemy varies around the world. In some countries, blasphemy remains a criminal offence, and individuals can face severe penalties, including imprisonment or even death. These laws are often controversial and can be used to suppress freedom of speech and religious minorities.

In other jurisdictions, blasphemy laws have been struck down as unconstitutional, with courts recognizing that they infringe upon fundamental rights such as freedom of expression and freedom of religion. The interpretation and enforcement of these laws are subject to ongoing debate and legal challenges.

In conclusion, while the specific common law offences of blasphemy and blasphemous libel have been abolished in England and Wales, the broader issue of blasphemy and its legal implications is complex and varies greatly depending on the jurisdiction. It is essential to consider the cultural, religious, and legal context of each region when examining the question of whether blasphemy is illegal.

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On 5 March 2008, an amendment was passed to the Criminal Justice and Immigration Act 2008 which abolished the common law offences of blasphemy and blasphemous libel in England and Wales. (Common law is abolished, not repealed.)read more >>