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A landmark Australian legal case has put freedom of speech under the spotlight when a judge ruled evangelical pastors had breached a new race and religion law when presenting a seminar and articles on Islam.

Pentecostal Pastor Daniel Nalliah (president of Catch the Fire Ministries) and speaker Pastor Daniel Scot may now face financial penalties at a hearing as early as January.

Judge Michael Higgins of the Victorian Civil and Administrative Tribunal (VCAT) found on Friday December 17 that a Catch the Fire seminar in March 2002—and both a newsletter and website article—had breached the state's Religious and Racial Tolerance Act of 2001.

Judge Higgins said Scot had made fun of Muslim beliefs and conduct at the seminar, and presented his talk in a way that was "essentially hostile, demeaning and derogatory of all Muslim people, their god, Allah, the prophet Mohammed and in general Muslim religious beliefs and practices."

The judge ruled Scot had made statements that Muslims were liars and demons and that the Qur'an promoted violence, killing and looting.

"Pastor Scot failed to differentiate between Muslims throughout the world, [and] he preached a literal translation of the Qur'an and of Muslims' religious practices which was not mainstream but was more representative of a small group in the Gulf states," Judge Higgins ruled.

Reacting to the verdict, Pastor Nalliah told Christianity Today it was a "black day for freedom of speech and truth, as truth is not a defense under this new racial and religious vilification legislation.

"This law is subjective rather than objective, which leaves the door wide open for anyone to claim feeling hurt or vilified from words spoken or read from their very own religious text," he said.

Pastor Danny Nalliah had earlier released a statement via his Catch the Fire Ministries newsletter and website expressing love for Islamic followers: "We love the Muslims and we will continue to love them as they are created in the image of God and Jesus died for them also."

Ps Nalliah said he welcomed the tribunal hearing, describing it as an opportunity to stand for God's name and not bow down to any man. "I truly believe that what was meant for disaster, God has already turned into victory.

"The seminar, which was the main focus of the complaint, was meant for 250-300 people, but its subject has now been brought to the whole nation and indeed the world," Ps Nalliah said.

Grant Chapman, president of Australian human rights group Tears of the Oppressed and a senator in the Federal Parliament, said the Racial and Religious Tolerance Act interferes with the right to express religious opinions.

"The message to the Australian public is this: 'Sex and politics are fine. but don't talk about religion!'" Senator Chapman said.

"In practice, the Racial and Religious Tolerance Act 2001 has allowed one religious group to take another religious group to court over a difference in religious opinion. However, under Article 19 of the Universal Declaration of Human Rights—to which Australia is a signatory—everyone has the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.

"The guilty verdict in this case indicates the freedom of expression—and consequently the freedom of religion—of the average Australian has been compromised," the Senator said.

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December (Web-only) 2004, Vol. 48