The Fall and Rise of Blasphemy Law

Abstract

INTRODUCTION: MILL AND THE TYRANNY OF THE PREVAILING OPINIONIf all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.' ThuswroteJohn stuart Mill (18o6-t}r3),one of the champions of individual libertyandfreedom of speech, in his seminalwork OnLiberg(1859).The latter part of the quotation-one person is not justified in silencing mankind-is a truism: we would call a person who has the ambition to silence mankind a "dictator" or a "tyrant."But what makes this quotation interesting is the first part: neither doesmankind have the right to silence the individual-not even when this person's ideas or opinions are shared by no one else.Mill was worried not only about the restrictions on liberty imposed by a single tp.ant, but also by restrictions imposed on individual members of society by the majority.In the first chapter of On Liberty, Mill argues that Protection... againstthe tyrannyof the magistrate is notenough: there needs protection also against the tyranny of the prevailing opinion and feeling; against the tendency of society to impose, by other means than civil penalties, its own ideas and practices as rules of conduct on those who dissent from them; to fetter the development, and, if possible, prevent the formation, of any individuality not in harmony ¡ q

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