Anti-religious discourse and freedom of speech: the criminal protection of religious feelings

The right to freedom of speech provides greater cover for messages of a political nature than for anti-religious, irreverent or religiously offensive messages. This is what emerges, without a solid founda-tion, from the case law of the ECHR, which is otherwise rather hesitant in this respect. The criminalisation of the offence of mockery of beliefs to offend religious feelings (Art. 525 CP) illustrates this different protection depending on whether the expressive conduct refers, in general terms, to ideas or to beliefs. It is an empty crim-inal offence, whose typical conducts are related to the crime of blasphemy and religious hate crimes, and whose protected legal right is not of constitutional relevance. Consequently, its repeal would not cause punishability loopholes and, on the other hand, its validity raises doubts as to its constitutionality.