To Libel or Not to Libel: Controversial Cartoons with a Global Impact

In 2005, the Danish newspaper Jyllands-Posten shocked the Muslim world by publishing 12 cartoons (see below) that negatively depicted the prophet Muhammad and Islam. Several Muslim groups in Denmark sued staff members at the newspaper for libel claiming the publication violated Danish racism and blasphemy laws.

Though this particular libel suit occurred outside the U.S., it demonstrates the importance of ethical journalism regardless of whether the plaintiff fails to prove libel.

The Danish Penal Code Section 266b states: "Any person who publicly or with the intention of dissemination to a wide circle of people makes a statement or imparts other information threatening, insulting or degrading a group of persons on account of their race, colour, national or ethnic origin, belief or sexual orientation, shall be liable to a fine, simple detention or imprisonment for a term not exceeding two years."

Because the aforementioned section applies only in criminal law, the plaintiffs could not sue the paper for these violations, but instead sued the editor-in-chief and cultural editor for publishing "offensive and insulting" material. With such vague language, the court had a difficult time assessing whether these standards constituted libel.

The judge ruled in favor of the staff at Jyllands-Posten and said, "There is no sufficient reason to assume that the cartoons are or were intended to be insulting... or put forward ideas that could hurt the standing of Muslims in society."

Multiple other European papers reprinted the cartoons to "celebrate" the victory of European freedom of expression. Despite dodging libel, the publication of these caricatures provoked serious acts of violence throughout the world. The newspaper's cartoonist Kurt Westergaard and other staff members received numerous death threats and Danish embassies were attacked by protesters. As of 2008, at least 50 people have been killed at protests.

Ultimately, Jyllands-Posten readers should question the purpose and intent of these cartoons. Though these actions were not ruled "libelous," can one argue against their inciting nature? At what cost does the European press prevail over personal rights? Americans should research issues concerning libel and discrimination if they plan to work for media in other countries.

Photo credit: Lawrence Auster

To my fellow classmates: how would American courts treat the Jyllands-Posten case if it occurred in the U.S.? Is the publication of these images ethical?