Challenging hate speech: incitement to hatred on grounds of sexual orientation in England, Wales and Northern Ireland

Abstract

Abstract:In England and Wales (in 2008) and Northern Ireland (in 2004) legislation has been enacted to render it a criminal offence to incite hatred based on sexual orientation. This paper examines the relevant pieces of legislation and considers whether they can be kept sufficiently narrow in operation to protect one's freedom of expression. The paper also addresses criticism of such legislation, notably by Eric Heinze, based on arguments on equal protection and cause and effect. It concludes that in the British context, narrowly drafted legislation may have a useful, if marginal, impact and will not necessarily lead to the immense restrictions on freedom of expression that Heinze fears. Nor, however, will the legislation be likely to achieve radical social change while other powerful sources of discriminatory discourse remain uncontrolled.

“We’re led by stupid people”: Exploring Trump’s use of denigrating and deprecating speech to promote hatred and violence

“…Given the nature of the lethal hate crimes that have occurred in the last decade, if law enforcement is to have an impact on preventing these crimes, they must divert resources to focus on right-wing extremism and terrorism (Jones, 2018 ). Goodall ( 2009 ) notes that a key difference between hate speech offences and hate crimes is the audience of the crime which “does not necessarily include the victim, but is rather a separate audience who can be stirred up” (p. 213). It is this perlocutionary distinction, and the extent to which hate speech can and should be criminalized, which is perhaps one of the more contentious issues in the field of hate studies (Schweppe & Perry, 2021 ).…”

What is a hate crime?

“…Similarly, the British Race Relations Act 1966 criminalised incitement to racial hatred, as did the Irish Prohibition of Incitement to Hatred Act 1989. Goodall observes that one of the key differences between hate speech offences and hate crime is what she refers to as the "audience" of the crime "which does not necessarily include the victim, but is rather a separate audience who can be stirred up", and it is this distinction, and the extent to which hate speech can and should be criminalised, which is perhaps one of the more contentious issues in the field of hate studies (Goodall, 2010).…”

A continuum of hate: delimiting the field of hate studies

“…This is very much in line with the collective harm associated with hate crime (Paterson et al, 2018a, b;Perry & Alvi, 2012). In a related vein, Goodall (2010) comments on another dimension of the 'audience' for hate speech. She observes that one of the key differences between hate speech offences and hate crimes is what she refers to as the audience of the crime which 'does not necessarily include the victim, but is rather a separate audience who can be stirred up', and it is this distinction, and the extent to which hate speech can and should be criminalised, which is perhaps one of the more contentious issues in the field of hate studies.…”