A judge has overturned the conviction of Hamit Coskun, who burned a Koran, ruling that freedom of expression must include the right to “offend, shock or disturb,” reports BritPanorama.
The ruling follows Coskun’s earlier conviction for a religiously aggravated public order offence after he shouted “f*** Islam” while holding a burning copy of the Koran outside Turkey’s consulate in London in February.
Mr Justice Bennathan stated in his decision that there is no offence of blasphemy under UK law, acknowledging that while burning a Koran may upset many individuals, “the criminal law, however, is not a mechanism that seeks to avoid people being upset.”
“The right to freedom of expression, if it is a right worth having, must include the right to express views that offend, shock or disturb,” he added.
Coskun acted independently and did not direct his conduct at any individual, the judge noted, emphasizing the importance of protecting diverse viewpoints in a liberal democracy.
Ruling on Free Speech
Justice Bennathan elaborated, stating, “One of the precious rights that affords us is to express our own views and read, hear and consider ideas without the state intervening to stop us doing so. The price we pay for that is having to allow others to exercise the same rights, even if that upsets, offends or shocks us.”
Campaigners welcomed the decision, with Shadow Justice Secretary Robert Jenrick, who attended court, asserting that the conviction resembled an effort to reintroduce blasphemy laws. While Jenrick did not support Coskun’s actions, he declared that such acts should not constitute a crime.
Blasphemy laws were abolished in England and Wales in 2008, and in Scotland in 2021. Following the ruling, Coskun stated he had come to England to express his concerns about radical Islam and felt reassured that he could now freely educate the public on his beliefs.
The Free Speech Union remarked that the ruling signals that “anti-religious protests, however offensive to true believers, must be tolerated.” Lord Toby Young of Acton, director of the FSU, echoed this sentiment, emphasizing the necessity of tolerating diverse expressions of belief.
The National Secular Society characterized Coskun’s protest as a “lawful act of political dissent,” reinforcing the view that freedom of expression is paramount in democratic societies.
