The Bible, the Stage, and the Law

A concert stage in Gdynia, Poland, became ground zero for a legal and cultural battle in September 2007. Adam “Nergal” Darski, enigmatic frontman of Behemoth, stood on stage in a display of the band’s notoriously theatrical style. Then, amidst the intensity of the music, he tore a Bible to pieces, calling it a “book of lies.” He denounced the Catholic Church, the dominant religious institution in Poland, as the “most murderous cult on the planet.”

The words and the act reverberated well beyond the concert hall. Nergal and Behemoth faced widespread condemnation in the media, and something more serious: criminal charges. The act of tearing up a Bible and the strong verbal attack against the Church had violated Polish law that prohibits offending religious feelings. The potential punishment was severe – up to two years imprisonment.

The act of tearing up a Bible and the strong verbal attack against the Church had violated Polish law that prohibits offending religious feelings.

This incident ignited a firestorm of debate in Poland. Supporters of Nergal argued he was exercising his right to artistic expression, however provocative. Others countered that freedom of speech does not extend to willfully insulting the deeply held beliefs of others, especially those of a powerful religious majority.

The controversy reached into the Polish judicial system, forcing the courts to grapple with the complex and sensitive interplay between free speech, blasphemy laws, and a society where religion and national identity are deeply intertwined.

The Courtroom Battle

The fallout from the Gdynia concert was swift. Nergal found himself facing legal challenges in Poland, a country with strict laws prohibiting actions that offend religious sentiment. The prosecution argued that his onstage actions—tearing the Bible and denouncing the Catholic Church—were a deliberate and malicious attack on faith. Nergal’s lawyers, however, built their defense around artistic freedom. They emphasized Behemoth’s reputation for radical, anti-establishment performances, arguing that his words and the Bible-tearing should be interpreted within that artistic context.

The case moved through Poland’s justice system with uncertainty. Initially, the District Court in Gdynia sided with Nergal, dismissing the charges and recognizing the performative nature of his actions. However, this decision was challenged. An appeal forced a retrial, and the case took a dramatic turn.

The court must protect artistic expression and the right to critique religion.

In a landmark ruling, Judge Krzysztof Wieckowski upheld the notion of artistic freedom. He declared that the court saw Nergal’s actions as a form of artistic expression, a view consistent with the band’s established style. Judge Wieckowski stressed the importance of protecting free expression and the right to critique religion. This decision was supported by audience members’ testimonies; despite their Christian faith, they indicated their religious feelings had not been offended.

Despite a positive outcome, Nergal’s legal troubles weren’t over. Ryszard Nowak, head of the All-Polish Committee for Defense Against Sects, brought a separate lawsuit, accusing the musician of promoting Satanism. However, this case was ultimately dismissed. Polish law dictates at least two formal complaints are necessary for a charge to be laid, and Nowak’s accusation lacked further support.

The legal battle waged against Nergal was more than a case about a single concert. It ignited crucial discussions about the fragile balance between artistic expression and the limits of that expression when encountering deeply held religious values.

Poland’s Blasphemy Law

The courtroom battles fought by Nergal were merely the most visible aspect of a much deeper societal issue. Poland is a predominantly Catholic nation, where religious symbols and traditions are deeply woven into the cultural fabric. Catholicism has shaped Polish history, customs, and values, and the Catholic Church continues to play a significant role in society.

This backdrop is crucial to understanding the outrage sparked by Nergal’s actions. Poland’s Article 196 of the Penal Code, commonly known as the blasphemy law, criminalizes the public insulting of religious objects or places of worship. This law reflects the cultural significance of religion, but it has increasingly come under scrutiny. Critics argue that Article 196, while designed to protect deeply cherished beliefs, can stifle freedom of expression and be used as a tool for suppressing dissent.

Poland’s blasphemy law reflects the cultural significance of religion, but it can stifle freedom of expression.

Another example, the case of pop singer Dorata Rabczewska, known as Doda, underscores the controversy surrounding the law. She was convicted under Article 196 for comments about the Bible, demonstrating the law’s power to curtail artistic expression. Her appeal, reaching all the way to the European Court of Human Rights, highlighted the tension between Poland’s blasphemy laws and international human rights principles that protect freedom of expression.

The debate around Article 196 reflects anxieties about Poland’s evolving identity. Some see the law as necessary to uphold traditional values in a changing society, while others view it as an outdated restriction on artistic and expressive freedoms. This debate is further complicated by concerns that the blasphemy law could be politically weaponized. Instances like the arrest of activists for displaying artwork blending religious themes with LGBTQ+ symbols have fueled fears that the law undermines tolerance and limits legitimate critique.

The case of Nergal brought these societal tensions to a head. It exemplifies how the intersection of art, faith, and the law in Poland remains complex and contentious.