Hate speech laws in England and Wales are found in several statutes, and differ slightly from the laws adopted in Scotland. Expressions of hatred toward someone on account of that person's colour, race, sex, disability, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation, but not transgender status [1] is forbidden. [2] [3] [4] [5] Any communication which is threatening or abusive, and is intended to harass, alarm, or distress someone is forbidden. [6] The penalties for hate speech include fines, imprisonment, or both. [7]
The Police and CPS have formulated a definition of hate crimes and hate incidents, with hate speech forming a subset of these. Something is a hate incident if the victim or anyone else think it was motivated by hostility or prejudice based on: disability, race, religion, gender identity or sexual orientation. A hate incident becomes a hate crime if it crosses the boundary of criminality. [8]
Some United Kingdom statutes apply in Scotland and Northern Ireland.
The Scottish government has held an independent review of hate crime laws which it intends to use as the basis for a wider consultation on new legislation. [9] This led to the introduction of the Hate Crime and Public Order (Scotland) Act 2021 which came into force on 1st April 2024.
In England, Wales, and Scotland, the Public Order Act 1986 prohibits, by its Part 3, expressions of racial hatred, which is defined as hatred against a group of persons by reason of the group's colour, race, nationality (including citizenship) or ethnic or national origins. Section 18 of the Act says:
A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—
- (a) he intends thereby to stir up racial hatred, or
- (b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.
Offences under Part 3 carry a maximum sentence of seven years imprisonment or a fine or both. [10]
The Racial and Religious Hatred Act 2006 amended the Public Order Act 1986 by adding Part 3A. That Part says, "A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred." The Part protects freedom of expression by stating in Section 29J:
Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system.
The Criminal Justice and Immigration Act 2008 amended Part 3A of the Public Order Act 1986. The amended Part 3A adds, for England and Wales, the offence of inciting hatred on the ground of sexual orientation. All the offences in Part 3 attach to the following acts: the use of words or behaviour or display of written material, publishing or distributing written material, the public performance of a play, distributing, showing or playing a recording, broadcasting or including a programme in a programme service, and possession of inflammatory material. In the circumstances of hatred based on religious belief or on sexual orientation, the relevant act (namely, words, behaviour, written material, or recordings, or programme) must be threatening and not just abusive or insulting. [11]
The Criminal Justice and Public Order Act 1994 inserted Section 4A into the Public Order Act 1986. Said section makes it an offence causing alarm or distress in certain circumstances, including when using abusive or insulting words or behaviour. [12]
In 2012, a campaign was launched by the Christian Institute to remove the word "insulting" from section 5 of the Public Order Act, saying that it constituted mere censorship. The campaign was backed by a number of high-profile activists including comedian Rowan Atkinson and former Shadow Home Secretary David Davis. [13] On 12 December 2012, the House of Lords voted in favour of amending the Public Order Act to remove the word "insulting". In January 2013, the government announced that it would accept the amendment, despite having previously opposed it. The amendment to the Public Order Act was duly passed into law, as section 57 of the Crime and Courts Act 2013. Section 57 of the Act came into force on 1 February 2014. [14]
The Football Offences Act 1991 (amended by the Football (Offences and Disorder) Act 1999) forbids indecent or racialist chanting at designated football matches. [15]
The use of prisons to regulate hate speech has been critiqued from a normative perspective. [16]
On 13 October 2001, Harry Hammond, an evangelist, was arrested and charged under section 5 of the Public Order Act (1986) because he had displayed to people in Bournemouth a large sign bearing the words "Jesus Gives Peace, Jesus is Alive, Stop Immorality, Stop Homosexuality, Stop Lesbianism, Jesus is Lord". In April 2002, a magistrate convicted Hammond, fined him £300, and ordered him to pay costs of £395. [17] [18] [19]
On 2 September 2006, Stephen Green was arrested in Cardiff for distributing pamphlets which called sexual activity between members of the same sex a sin. On 28 September 2006, the Crown advised Cardiff Magistrates Court that it would not proceed with the prosecution. [20] [21]
On 8 December 2009, District Judge Richard Clancy, sitting at Liverpool Magistrates' Court, acquitted Ben and Sharon Vogelenzang, hoteliers, of charges under the Public Order Act 1986 and under the Crime and Disorder Act 1998. The Vogelenzangs were charged after a guest at their hotel, Ericka Tazi, complained that the Vogelenzangs had insulted her after she appeared in a hijab. [22]
On 4 March 2010, a jury returned a verdict of guilty against Harry Taylor, who was charged under Part 4A of the Public Order Act 1986. Taylor was charged because he left anti-religious cartoons in the prayer-room of Liverpool's John Lennon Airport on three occasions in 2008. The airport chaplain, who was insulted, offended, and alarmed by the cartoons, called the police. [23] [24] [25] On 23 April 2010, Judge Charles James of Liverpool Crown Court sentenced Taylor to a six-month term of imprisonment suspended for two years, made him subject to a five-year Anti-Social Behaviour Order (ASBO) (which bans him from carrying religiously offensive material in a public place), ordered him to perform 100 hours of unpaid work, and ordered him to pay £250 costs. Taylor was convicted of similar offences in 2006. [26]
On 20 April 2010, police arrested Dale McAlpine, a Christian preacher, of Workington in Cumbria, for saying that homosexual conduct was a sin. On 14 May 2010, the Crown decided not to prosecute McAlpine. [27] Later still the police apologised to McAlpine for arresting him at all, and paid him several thousand pounds compensation. [28]
On 23 April 2018, Scottish YouTuber Mark Meechan of Coatbridge, North Lanarkshire was fined £800 after being found "grossly offensive" for posting a YouTube video that was viewed over 3 million times depicting him training his girlfriend's pug to respond to the phrase "Sieg Heil" by lifting his paw in a Nazi salute. [29] Tory MP Philip Davies requested a review of freedom of expression in parliament in response to the conviction. [30] Comedians Ricky Gervais and David Baddiel tweeted in support of Meechan. [31] [32] [33] Tom Walker, Shappi Khorsandi, and Stephen Fry defended Meechan and criticised other comedians for their silence on the issue. [34] [35] [36] Meechan was sentenced to pay an £800 fine on 23 April 2018 and his appeals were unsuccessful. [37] A crowd of about 500 people protested against the move in London. [38]
In 2017, 19-year old Croxteth resident Chelsea Russell quoted a line from Snap Dogg's song "I'm Trippin'" on her Instagram page. The line, which read "Kill a snitch nigga, rob a rich nigga", was copied from a friend's page as part of a tribute to Frankie Murphy who was killed in a car accident at age 13. [39] [40] Hate crime investigators were alerted to the presence of the slur and charged Russell with "sending a grossly offensive message by means of a public electronic communications network". Defence lawyer Carole Clarke stated that she received a request from one of the arresting officers that the word "nigga", the subject of the trial, not be used in court. [41] In April 2018, District Judge Jack McGarva found Russell guilty and delivered a sentence which included a £585 fine, a curfew and an ankle monitoring bracelet. [42] However, Russell's conviction was overturned by Liverpool Crown Court on 21 February 2019. [43]
A hate crime is crime where a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group.
Fighting words are spoken words directed to the person of the hearer which would have a tendency to cause acts of violence by the person to whom, individually, the remark is addressed. The term fighting words describes words that when uttered inflict injury or tend to incite an immediate breach of the peace.
In the United Kingdom, censorship has been applied to various forms of expression such as the media, cinema, entertainment venues, literature, theatre and criticism of the monarchy. While there is no general right to free speech in the UK, British citizens have a negative right to freedom of expression under the common law, and since 1998, freedom of expression is guaranteed according to Article 10 of the European Convention on Human Rights, as applied in British law through the Human Rights Act.
Breach of the peace or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
The Communications Act 2003 is an Act of the Parliament of the United Kingdom. The act, which came into force on 25 July 2003, superseded the Telecommunications Act 1984. The new act was the responsibility of Culture Secretary Tessa Jowell. It consolidated the telecommunication and broadcasting regulators in the UK, introducing the Office of Communications (Ofcom) as the new industry regulator. On 28 December 2003 Ofcom gained its full regulatory powers, inheriting the duties of the Office of Telecommunications (Oftel). Among other measures, the act introduced legal recognition of community radio and paved the way for full-time community radio services in the UK, as well as controversially lifting many restrictions on cross-media ownership. It also made it illegal to use other people's Wi-Fi broadband connections without their permission. In addition, the legislation also allowed for the first time non-European entities to wholly own a British television company.
In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.
The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion. The Act was the Labour Government's third attempt to bring in this offence: provisions were originally included as part of the Anti-Terrorism, Crime and Security Bill in 2001, but were dropped after objections from the House of Lords. The measure was again brought forward as part of the Serious Organised Crime and Police Bill in 2004-5, but was again dropped in order to get the body of that Bill passed before the 2005 general election.
Volksverhetzung, in English "incitement to hatred", "incitement of popular hatred", "incitement of the masses", or "instigation of the people", is a concept in German criminal law that refers to incitement to hatred against segments of the population and refers to calls for violent or arbitrary measures against them, including assaults against the human dignity of others by insulting, maliciously maligning, or defaming segments of the population.
Incitement to ethnic or racial hatred is a crime under the laws of several countries.
The 2006 Islamist demonstration outside the Embassy of Denmark in London took place on 3 February 2006, in response to controversy surrounding the publication of editorial cartoons depicting the Islamic prophet Muhammad in the Danish newspaper Jyllands-Posten on 30 September 2005. The extremist UK-based Islamist groups al Ghurabaa and The Saviour Sect staged a controversial protest march from London Central Mosque near Marylebone Station to the Danish Embassy near Knightsbridge Underground station.
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom that creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936. It implements recommendations of the Law Commission.
Intentional harassment, alarm or distress is a statutory offence in England and Wales. It is an aggravated form of the offence of harassment, alarm or distress under section 5 of the Public Order Act 1986.
Harassment, alarm or distress is an element of a statutory offence in England and Wales, arising from an expression used in sections 4A and 5 of the Public Order Act 1986, which created the offence. The Act was amended in 1994.
Between 1941 and 1945, the government of Nazi Germany perpetrated the Holocaust: a large-scale industrialised genocide in which approximately six million Jews were systematically murdered throughout German-occupied Europe. Since World War II, several countries have criminalised Holocaust denial—the assertion by antisemites that the genocide was fabricated or has been exaggerated. Currently, 17 European countries, along with Israel and Canada, have laws in place that cover Holocaust denial as a punishable offence. Many countries also have broader laws that criminalise genocide denial as a whole, including that of the Holocaust. Among the countries that have banned Holocaust denial, Russia, Austria, Germany, Hungary, Poland, and Romania have also banned Nazi symbols. Additionally, any expression of genocide justification is also a criminal offence in several countries, as is any attempt to portray Nazism in a positive light.
The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. In particular, it changes the law relating to custodial sentences and the early release of prisoners to reduce prison overcrowding, which reached crisis levels in 2008. It also reduces the right of prison officers to take industrial action, and changed the law on the deportation of foreign criminals. It received royal assent on 8 May 2008, but most of its provisions came into force on various later dates. Many sections came into force on 14 July 2008.
Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.
The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of skin colour, ethnicity, national origin or race. Some jurisdictions also give redress when a person is victimised on account of religion, disability, gender identity, HIV/AIDS status or sexual orientation.
Jack Andrew Renshaw is a British convicted child sex offender, terrorist and former spokesperson for the neo-Nazi organisation National Action. He was an economics and politics student at Manchester Metropolitan University and an organiser for the British National Party (BNP) youth wing, BNP Youth. On 12 June 2018, Renshaw pleaded guilty to preparing an act of terrorism, with the intention of killing the Labour MP Rosie Cooper, and to making a threat to murder a police officer.
Mark Meechan is a Scottish YouTuber, comedian, and former candidate for the European Parliament. He uses the pseudonym Count Dankula.
Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation. Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".
There is no specific crime of incitement to transphobic hatred but there are general laws that prevent someone encouraging others to commit crimes, including sections 44 and 45 of the Serious Crime Act 2007. Repeated use of offensive or insulting language can also be treated using the offence of harassment under the Protection from Harassment Act 1997.