Hate speech laws in the United Kingdom
Encyclopedia
Hate speech laws in the United Kingdom
are found in several statutes. Expressions of hatred toward someone on account of that person's colour, race, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation is forbidden. Any communication which is threatening, abusive or insulting, and is intended to harass, alarm, or distress someone is forbidden. The penalties for hate speech include fines, imprisonment, or both.
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:
Offences under Part 3 carry a maximum sentence of seven years imprisonment or a fine or both.
The Criminal Justice and Public Order Act 1994
inserted Part 4A into the Public Order Act 1986. That part prohibits anyone from causing alarm or distress. Part 4A states:
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale
or to both.
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:
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.
The Football Offences Act 1991 (amended by the Football (Offences and Disorder) Act 1999) forbids indecent or racialist chanting at designated football matches.
in Cumbria
, for saying that homosexual conduct was a sin
. On 14 May 2010, the Crown decided not to prosecute McAlpine.
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. 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.
On 8 December 2009, Mr Justice 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 Vogelensangs were charged after a guest at their hotel, Ericka Tazi, complained that the Vogelenzangs had insulted her after she appeared in a hijab
.
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.
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.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
are found in several statutes. Expressions of hatred toward someone on account of that person's colour, race, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation is forbidden. Any communication which is threatening, abusive or insulting, and is intended to harass, alarm, or distress someone is forbidden. The penalties for hate speech include fines, imprisonment, or both.
Statutes
In England, Wales, and Scotland, the Public Order Act 1986Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
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.
The Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
inserted Part 4A into the Public Order Act 1986. That part prohibits anyone from causing alarm or distress. Part 4A states:
(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that or another person harassment, alarm or distress.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale
Standard scale
The standard scale is a system whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than each individual piece of...
or to both.
The Racial and Religious Hatred Act 2006
Racial and Religious Hatred Act 2006
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...
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
Criminal Justice and Immigration Act 2008
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...
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.
The Football Offences Act 1991 (amended by the Football (Offences and Disorder) Act 1999) forbids indecent or racialist chanting at designated football matches.
Selected cases
On 20 April 2010, police arrested Dale McAlpine, a Christian preacher, of WorkingtonWorkington
Workington is a town, civil parish and port on the west coast of Cumbria, England, at the mouth of the River Derwent. Lying within the Borough of Allerdale, Workington is southwest of Carlisle, west of Cockermouth, and southwest of Maryport...
in Cumbria
Cumbria
Cumbria , is a non-metropolitan county in North West England. The county and Cumbria County Council, its local authority, came into existence in 1974 after the passage of the Local Government Act 1972. Cumbria's largest settlement and county town is Carlisle. It consists of six districts, and in...
, for saying that homosexual conduct was a sin
Sin
In religion, sin is the violation or deviation of an eternal divine law or standard. The term sin may also refer to the state of having committed such a violation. Christians believe the moral code of conduct is decreed by God In religion, sin (also called peccancy) is the violation or deviation...
. On 14 May 2010, the Crown decided not to prosecute McAlpine.
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. 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
Åsbo
Åsbo can refer to:*Åsbo Northern Hundred, a hundred in Scania*Åsbo Southern Hundred, a hundred in Scania...
) (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.
On 8 December 2009, Mr Justice 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 Vogelensangs were charged after a guest at their hotel, Ericka Tazi, complained that the Vogelenzangs had insulted her after she appeared in a hijab
Hijab
The word "hijab" or "'" refers to both the head covering traditionally worn by Muslim women and modest Muslim styles of dress in general....
.
On 2 September 2006, Stephen Green
Christian Voice (UK)
Christian Voice is a Christian pressure group based in the United Kingdom. Its stated objective is "to uphold Christianity as the Faith of the United Kingdom, to be a voice for Biblical values in law and public policy, and to defend and support traditional family life." It is independent of...
was arrested in Cardiff
Cardiff
Cardiff is the capital, largest city and most populous county of Wales and the 10th largest city in the United Kingdom. The city is Wales' chief commercial centre, the base for most national cultural and sporting institutions, the Welsh national media, and the seat of the National Assembly for...
for distributing pamphlets which called sexual activity between members of the same sex a sin
Sin
In religion, sin is the violation or deviation of an eternal divine law or standard. The term sin may also refer to the state of having committed such a violation. Christians believe the moral code of conduct is decreed by God In religion, sin (also called peccancy) is the violation or deviation...
. On 28 September 2006, the Crown advised Cardiff Magistrates Court that it would not proceed with the prosecution.
On 13 October 2001, Harry Hammond
Harry Hammond
Harry Hammond was a British street evangelist who became the subject of a UK-wide public debate after his preaching led to his arrest for a public order offence.- Arrest and prosecution :...
, an evangelist, was arrested and charged under section 5 of the Public Order Act (1986) because he had displayed to people in Bournemouth
Bournemouth
Bournemouth is a large coastal resort town in the ceremonial county of Dorset, England. According to the 2001 Census the town has a population of 163,444, making it the largest settlement in Dorset. It is also the largest settlement between Southampton and Plymouth...
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.
Further reading
- "'If a Charge was Brought Against a Saintly Religious Leader Whose Intention Was to Save Souls . . .': An Analysis of UK Parliamentary Debates over Incitement to Hatred on the Grounds of Sexual Orientation". Recent academic article that considers the creation of the new hate speech offence in the Criminal Justice and Immigration Act 2008