We have a human right to blaspheme, Jerry Springer trial hears

A scene from Jerry Springer, The Opera. Liberty argue ancient laws protecting Christianity flout article ten of the Human Rights Act

Blasphemy laws which uphold the tenets of Christianity breach the Human Rights Act, the High Court will be asked to rule today.

The case could lead to blasphemy offences being repealed - ending the Church's centuries-old right to special protection from abuse.

It is being brought by the Liberty campaign group, which says the ancient laws flout article ten of the controversial Act - the right to free speech.

The group is using a private prosecution against the BBC over the screening of Jerry Springer - The Opera to make its claim.

The court will be told there is no case against Jonathan Thoday, the producer of the hugely controversial musical and Mark Thompson, Director-General of the BBC, because of their right to free speech.

The criminal action against Mr Thoday and Mr Thompson is being brought by the Christian Voice group, led by Stephen Green. Mr Green said the musical, which attracted a huge number of complaints when screened by the BBC two years ago, was 'odious and wicked'.

A finding in Liberty's favour would effectively rule the blasphemy laws obsolete - re-opening the debate over the way the Human Rights Act, passed by Labour in 1998, is being used.

Critics said people would effectively be given the 'human right' to pour scorn on the Christian faith.

Liberty's legal officer Anna Fairclough said: "These blasphemy laws should be shelved in dusty archives, not used as a tool to bring mischievous prosecutions against the Arts.

"Thirty years have passed since the last blasphemy prosecution, making the law ripe for repeal."

The show contains 8,000 obscenities, including 3,168 mentions of the f-word and 297 of the c-word - recognised by television watchdogs as the most offensive word to viewers.

It also features a scene in which a nappy-wearing Jesus admits he is 'a bit gay', and a mocking reference to stigmata.

Mr Green said he was 'hugely disappointed' Liberty was seeking to use his case to challenge blasphemy laws, which he described as vital for protecting God's name.

He added: "It is a great shame that Liberty have gone down this road, and strayed away from their core activities of defending civil liberties, which we as an organisation support."

Mr Green was initially denied permission to prosecute by the City of Westminster magistrates' court, and will challenge that refusal in the High Court today. Liberty has joined the case as an interested third-party.

Blasphemous libel claims can be brought against the publication of any matter that insults, offends, or vilifies the Deity or Christ or the Christian religion. Whether the publication intended to be blasphemous is irrelevant.

The legal notion dates back centuries. As faith was seen as being the heart of society, to challenge or offend it was thought to threaten the fabric of society.

The present law of blasphemy is based on decisions made by nineteenth century courts. A case in 1838 restricted the law to protect the 'tenets and beliefs of the Church of England.

Other faiths, such as Islam, are offered their own protection by controversial laws which outlaw the incitement of religious hatred.

The expletive-laden songs in Jerry Springer - including Pregnant By A Transsexual and Here Come The Hookers - are sung by the lead cast members and the 27-strong chorus.

The total number of obscenities is calculated by multiplying the number of swear-words by the number of people singing them.

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