ABSTRACT

In 2012, Dorota Rabczewska (a Polish female singer and celebrity) was fined for opining that the Bible was written by someone under the influence of drugs and alcohol. The rule on which the judgement was based allowed for a custodial sentence of up to two years. The Polish Constitutional Tribunal also reviewed this rule and found it to be constitutional. Furthermore, some of the European Court of Human Rights judgements confirmed that the value of freedom of speech is less important than the protection of religious feelings. This article argues that in a democratic state, acts of blasphemy should not be penalised. This is justified by the general principles of freedom of expression, the neutrality of the state concerning the worldviews of its citizens, equality before the law and the need for precision of penal rules.