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Publication or utterance of blasphemous matter.
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36.— (1) A person who publishes or utters blasphemous matter shall be guilty of an offence and shall be liable upon conviction on indictment to a fine not exceeding €25,000.
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(2) For the purposes of this section, a person publishes or utters blasphemous matter if—
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(a) he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion, and
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(b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.
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(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
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(4) In this section “ religion ” does not include an organisation or cult—
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(a) the principal object of which is the making of profit, or
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(b) that employs oppressive psychological manipulation—
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(i) of its followers, or
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(ii) for the purpose of gaining new followers.
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