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2010 BYU L. Rev. 635 (2010)
Defamation of Religions: A Vague and Overbroad Theory That Threatens Basic Human Rights

handle is hein.journals/byulr2010 and id is 643 raw text is: Defamation of Religions: A Vague and Overbroad Theory that Threatens Basic Human Rights I. INTRODUCTION The Organization of the Islamic Conference (the OIC) created its defamation of religions theory to specifically protect and empower Islam. Rather than preventing defamation of any religion, as its name suggests, this theory actually supports Islamic countries' rights to enact and enforce blasphemy, defamation, and incitement statutes that persecute and punish non-adherents. Since 1999, the OIC has successfully drafted and ensured the passage of multiple U.N. resolutions encouraging member States to enact legislation prohibiting the defamation of religions. Though the general language has broadened over time to suggest protection for multiple religions, each of these resolutions has mentioned only one religion specifically-Islam. Though the motives behind the defamation of religions theory likely include an honest desire to prevent discriminatory treatment suffered by Muslims worldwide, the current doctrine is so broad that it poses a serious threat to the human right to freedom of expression. Thus, the U.N. should not encourage promulgation of defamation of religions legislation, but should instead work within the guidelines of established international law principles to encourage States to enforce religious rights, limit discrimination, and create an atmosphere of mutual respect. To accomplish this, the U.N. should encourage a narrower notion of incitement that balances regulation and even criminalization of speech or expression with robust discussion that sometimes shocks and offends. Suggestions that the international legal community merely adopt the U.S. First Amendment standards in related areas are overtly imperialistic and ignore the unique histories, cultures, and experiences of an international jurisdiction. Instead, the U.N. should encourage member States to legislate more broadly than modern U.S. constitutional standards and allow for some limitations on speech. However, such limitations must be (1) specifically intended to protect individuals rather than beliefs or ideas and (2) narrowly defined, thus preventing vague and overbroad statutes that could 635

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