Freedom of Speech
Finnish politician found not guilty of hate speech over bible tweet
"Criminalizing speech through so-called ‘hate-speech’ laws shuts down important public debates and poses a grave threat to our democracies. We are relieved to see courts enforce the rule of law when state authorities overstep by seeking to penalize and censor statements that they dislike."
In a win for free speech, today the Helsinki Court of Appeal has dismissed all charges against Finnish member of parliament Päivi Räsänen and Lutheran Bishop Juhana Pohjola.
Räsänen, Finland’s former Interior Minister, was charged with 'agitation against a minority group' in 2021 under a section of the Finnish criminal code titled 'war crimes and crimes against humanity'.
Her 'crime'? She shared her Christian beliefs on marriage and sexual ethics in a 2019 tweet and also in a live radio debate and a 2004 pamphlet. Bishop Pohjola was charged for publishing this pamphlet.
Speaking after her victory, Päivi Räsänen said:
I am deeply relieved. The court has fully endorsed and upheld the decision of the district court, which recognized everyone’s right to free speech.
She went on to say:
It isn’t a crime to tweet a Bible verse, or to engage in public discourse with a Christian perspective. The attempts made to prosecute me for expressing my beliefs have resulted in an immensely trying four years, but my hope is that the result will stand as a key precedent to protect the human right to free speech. I sincerely hope other innocent people will be spared the same ordeal for simply voicing their convictions.
Räsänen had previously been aquitted by the District Court in March 2022. In today's ruling, the Helsinki appeal court dismissed the arguments of the state prosecutor. It found that it
has no reason, on the basis of the evidence received at the main hearing, to assess the case in any respect differently from the District Court. There is therefore no reason to alter the final result of the District Court’s judgment.
The prosecution could still appeal a final time to the Supreme Court and has until 15 January 2024 to do so.
What were the charges?
At the heart of this trial was a clash between hate crime and hate speech laws and freedom of expression, which is protected in International law.
The prosecution alleged that Räsänen's interpretation of the Bible was 'criminal'. Her interpretation was simple: marriage is between one man and one woman. This is the orthodox, historic Christian teaching and has been for centuries.
In her opening statement during the trial on 31 August 2023, Finnish state prosecutor Anu Mantila said:
You can cite the Bible, but it is Räsänen’s interpretation and opinion about the Bible verses that are criminal.
Throughout the four year ordeal, Dr. Päivi Räsänen MP, Bishop Juhana Pohjola have been supported by ADF International. Commenting on today's result, its Executive Director Paul Coleman said:
While we celebrate this monumental victory, we also remember that it comes after four years of police investigations, criminal indictments, prosecutions, and court hearings. We applaud the Helsinki Court of Appeal’s ruling in this case, and we work towards the bigger victory when such ludicrous cases are no longer brought. In a free and democratic society, all should be allowed to share their beliefs without fear of censorship. Criminalizing speech through so-called ‘hate-speech’ laws shuts down important public debates and poses a grave threat to our democracies. We are relieved to see courts enforce the rule of law when state authorities overstep by seeking to penalize and censor statements that they dislike.
Picture courtesy of ADF International.
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