Blasphemous libel is an
common law offence under the
common law. It is the publication of material which exposes the
Christian religion to scurrility, vilification, ridicule and contempt, and the material must have the tendency to shock and outrage the feelings of Christians.
In
England and Wales, the offence was abolished on 8 July 2008 by the
Criminal Justice and Immigration Act 2008, having been replaced with the
Racial and Religious Hatred Act 2006.
It remains an offence in some Australian states and territories, although the Commonwealth and some states and territories have abolished it within their jurisdiction. For details, see
blasphemy law in Australia.
In New Zealand it is illegal under the
Crimes Act 1961 (Section 123) to publish any blasphemous libel. The maximum punishment is one year imprisonment. No one can be prosecuted without the consent of the Attorney General.
In Canada, Blasphemous Libel is an indictable offence under section 296(1) of the Criminal Code of Canada. It is punishable by up to 2 years in prison.
It is a defence in both Canada and New Zealand that the accused was expressing an opinion on a religious subject provided that it is expressed in good faith and in decent language: "It is not an offence against this section to express in good faith and in decent language, or to attempt to establish by arguments used in good faith and conveyed in decent language, any opinion whatever on any religious subject."