The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022
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Hi there, welcome to my blog! Today I’m going to talk about a very important topic: the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022. This is a new law that aims to combat hate speech and hate crime in Ireland. It’s been in the works for a long time, and it’s finally passed by the Dáil Éireann (the lower house of the Irish parliament) in April 2023. It’s now before the Seanad Éireann (the upper house) for further scrutiny and amendments.
But what exactly is this bill about? What does it mean for you and me? How will it affect freedom of expression rights as citizens? In this blog post, I’ll try to answer these questions and give you a summary of the main features and implications of this bill. Let’s get started!
What is hate speech and hate crime?
Let’s first define hate speech and hate crimes before delving into the specifics of the measure. The measure defines hate speech as:
any form of expression that is derogatory, abusive, or threatening and that is meant to incite violence or hatred against an individual or group of individuals due to specific characteristics (known as protected characteristics) of the individual or group of individuals
The following are protected characteristics: age, gender identity, race, color, nationality, ethnic or national origin, religion, sexual orientation, gender, gender identity, handicap, and membership in the Traveler community, alone or in combination.
On the other side, hate crimes are described as:
any offense under the Non-Fatal Offenses against the Person Act of 1997, the Criminal Justice (Public Order) Act of 1994, or the Criminal Damage Act of 1991 that is made worse by hatred toward an individual or group of individuals because of any of the protected qualities
This means that someone will be punished more severely than if they committed a crime such as harassment, assault, or vandalism and they did it out of hatred for the victim’s identity.
What are the main provisions of the bill?
The bill has several provisions that aim to prevent and punish hate speech and hate crime. Here are some of the most important ones:
New offences of incitement to violence or hatred and condoning, denying or grossly trivializing genocide, war crimes, crimes against humanity and crimes against peace
It establishes a new crime called incitement to violence or hatred, with a potential penalty of ten years in prison, a fine of one hundred thousand euros, or both.
A maximum term of five years in jail, a fine of €50,000, or both is imposed for the new offense of encouraging, denying, or blatantly trivializing genocide, war crimes, crimes against humanity, and crimes against peace.
It does away with the Prohibition of Incitement to Hatred Act of 1989, which was panned for being antiquated and ineffectual.
Offences aggravated by hatred and aggravating factor in sentencing.
It stipulates that some offenses, including as crimes involving physical harm, offenses against public order, and non-fatal offenses against individuals, are punishable by harsher laws than regular offenses.
It stipulates that hate crimes, such murder, rape, robbery, etc., may be punished more severely if they involve hatred.
It mandates that the courts consider the effects that hate crimes and hate speech have on the victims and the community and explain their decision to impose a punishment in these situations.
Recording and reporting of hate crimes and hate incidents
- It requires the Garda Síochána (the Irish police) to record and report hate crimes and hate incidents, and to provide training and guidance for their members on how to deal with them .
Review of the operation and effectiveness of the bill
- It requires the Minister for Justice to review the operation and effectiveness of the bill within three years of its commencement, and to report to the Oireachtas (the Irish parliament) .
Why is this bill important?
This measure is significant because it attempts to uphold everyone’s equality and dignity in Ireland, regardless of who they are or where they came from. It acknowledges that the nation’s democracy and social cohesiveness are at risk in addition to the personal injuries caused by hate speech and hate crimes. It makes it very evident that hate has no place in our society and that those who propagate or act on hate will be held accountable.
Moreover, it aligns Ireland with global norms and commitments concerning the fight against racism and xenophobia, including the EU’s Framework Decision on Combating Racism and Xenophobia and the Council of Europe’s Convention on Cybercrime. It also responds to the recommendations of various human rights bodies and civil society organizations, such as the UN Committee on the Elimination of Racial Discrimination, the Irish Human Rights and Equality Commission, and the Irish Council for Civil Liberties .
What are the challenges and criticisms of the bill?
Naturally, there are others who are unhappy with the bill. Concerns and reservations regarding its possible effects on the freedom of speech and the right to protest have been voiced by several. They contend that the bill might be used to restrict or muzzle controversial or unpopular viewpoints because it is overly broad and ambiguous. They are also concerned that the measure might be abused by the government or by nefarious complainants, and that it might have a chilling effect on media and public discourse.
Some of the specific issues that have been raised are:
The definition of hate speech is too subjective and dependent on the context and the perception of the listener
- It could include legitimate criticism, satire, artistic expression, or historical analysis.
- It could also be influenced by political or ideological bias.
The definition of protected characteristics is too inclusive and arbitrary
- It could exclude other groups that are also vulnerable to discrimination or violence, such as socio-economic status, political affiliation, or occupation.
- It could also create a hierarchy of victims, where some groups are more protected than others.
The offence of condoning, denying or grossly trivialising genocide, war crimes, crimes against humanity and crimes against peace is too restrictive and inconsistent with the right to historical inquiry and academic freedom
- It could prevent or punish legitimate research, debate, or revision of historical facts or interpretations.
The penalties for hate speech and hate crime are too harsh and disproportionate
- They could have a deterrent effect on the exercise of the freedom of expression and the right to protest.
- They could also create a culture of fear and self-censorship among the public and the media.
These are some of the arguments that have been made against the bill. However, the supporters of the bill counter that these arguments are exaggerated or unfounded. They point out that the bill has several safeguards and balances that ensure that the freedom of expression and the right to dissent are respected and protected. They also stress that the bill is not intended to stifle or suppress any opinions or views, but only to prevent and punish those that incite or cause violence or hatred against others.
What are the safeguards and balances of the bill?
The bill has several safeguards and balances that aim to protect the freedom of expression and the right to dissent. Here are some of the most important ones:
The offence of incitement to violence or hatred requires that the expression is intended or likely to stir up violence or hatred, not just to offend or insult
- It also requires that the expression is threatening, abusive or insulting, not just critical or controversial.
- It also excludes any expression that is done in good faith and in the public interest, or for the purposes of education, journalism, art, or religion .
It is not enough to simply voice an opposing viewpoint; one must also intend to incite violence or hatred in order for their words to be considered offensive. It is also illegal to deny, severely trivialise, or condone genocide, war crimes, crimes against humanity, or crimes against peace.
It further mandates that the statement be made against an individual or group of individuals due to any of the protected qualities, rather than merely a historical occurrence or a verifiable assertion.
For the crimes made worse by hatred to qualify as an aggravating factor for sentence, the hatred must be demonstrated beyond a reasonable doubt as opposed to being presumed or inferred.
Furthermore, they stipulate that hatred must be inspired by any of the protected traits, not only differences in personality or background.
- They also take into account the circumstances and the gravity of each case, and the discretion and the guidance of the judges .
The recording and reporting of hate crimes and hate incidents require that the Garda Síochána follow the best practices and the standards of the international organisations and the civil society groups
- They also require that the Garda Síochána respect the rights and the wishes of the victims and the witnesses, and that they provide them with adequate support and protection .
The review of the operation and effectiveness of the bill requires that the Minister for Justice consult with the relevant stakeholders and experts
- It also requires that the Minister for Justice report to the Oireachtas and make any necessary amendments or improvements to the bill .
Conclusion
These are a few of the checks and balances that the measure provides. They demonstrate that the measure is a subtle and balanced tool rather than a harsh or harsh one. They also demonstrate that the bill is a dynamic and flexible solution rather than a definitive or set one. They also demonstrate that the law takes a bottom-up, cooperative approach rather than a top-down, one-sided one.
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