No innocent conduct will be captured
Department of Strange Ideas.
[W]hile the Constitution requires an offence of blasphemy it also, like the position in many other countries, expressly protects freedom of expression. …No innocent conduct will be captured. The revised provision in regard to blasphemy requires at least three elements to be present: that the material be grossly abusive or insulting in matters held sacred by a religion; that it must actually cause outrage among a substantial number of adherents of that religion; and, crucially, that there be an intent to cause such outrage.
Okay, that does clear things up: it will be a crime to produce ‘material’ that is grossly abusive or insulting in matters held sacred by a religion, if it causes outrage among more than a few adherents of that religion and the outrage is intentional – all this in spite (not to say in defiance) of the fact that the Constitution ‘expressly protects freedom of expression.’ But Dermot Ahern assures us that no innocent conduct will be captured, presumably because of that crucial third stipulation that there must be an intent to cause such outrage. How Irish courts may decide to identify intent, of course, is a difficult question, so the best idea is probably just to…produce no material at all. Better be safe than sorry.