Satira, tutela del sentimento religioso e libertà di espressione. Una sfida per le moderne democrazie

The concepts of blasphemy and sacrilege have traditionally been etymologically related to religious vocabulary. In the current language of secularized contemporary societies it would be preferable to term them as provocation, incitement to hatred, insult. The tangled relationship between disrespect and freedom of expression must therefore be renewed. The issues at stake cannot be considered as mere problem of contents but also include modalities of expression and practical limits. Therefore, the related analysis should start by pointing out the importance of both free expression of thought and artistic freedom through a critical examination of European case law. Moreover, it should aim to grasp an insightful understanding about democracy and its concepts so as to support an improving interpretation of freedom. So, it may be preferable to follow the guidelines already developed by racial and anti-discrimination studies and to assume “human dignity” rather than public policy as the main legal interest to be protected by the provision of the so called “hate crimes”.