In Ireland, a proposed hate speech law has sparked fierce debate among citizens, activists, and politicians, according to Al Jazeera.
The bill, which is currently under consideration at the Irish Senate, has drawn both strong support and criticism in Ireland and beyond. It has even caught the attention of Elon Musk, who is embroiled in separate legal battles with the governments of Brazil and Australia over their attempts to influence the work of X.
However, critics say the bill’s definition of hate is vague. They are also concerned that it signals a crackdown on free speech, while supporters of the bill say the law will help protect certain groups that have so far been ignored.
The Sinn Féin political party recently called for cancelling of the bill, although it had previously supported it. The TDs (Teachtai Dala, or members of the Irish parliament) and former justice minister Charlie Flanagan have also urged new Irish leader Simon Harris to focus on issues, such as housing, health care, and the justice system.
Meanwhile, Irish police (Gardai) figures for May showed that there were 651 hate crimes in 2023. This represents a 12 per cent increase on the previous year. The most common discriminatory motives in these reported offences were categorised as anti-racial, anti-national and anti-sexual motives.
Why Ireland is passing new hate crime law
Currently, Ireland does not have any specific hate crime laws, making the country a standout in the European Union. As the name suggests, a new bill called the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 has been in draft for some time.
The new law will revise the 1989 Incitement To Hatred Act. However, the Act does not cover issues, such as gender expression or identity, disability or ethnicity.
Minister for Justice Helen McEntee, who introduced the hate crime bill in October 2022, said that unlike other crimes, hate crimes tell the victims that they are “not safe, simply because of who they are”.
Currently, the European Union does not require member states to adopt hate crime legislation. However, Member States are expected to adhere to certain principles set out in EU legislation, including those related to combating discrimination and promoting equality.
What new law says
The new law will make a person liable for a hate crime, even if they claim it was not intentional.
If prosecuted, offenders’ records will indicate that they committed a hate crime. The bill would allow prosecutors to rely on a person’s use of gestures, symbols or insults when bringing a case under the new law.
The proposed legislation defines hate crimes as acts committed against people who fall within the following 10 protected characteristics. Those are: race, colour, nationality, religion, national or ethnic origin, descent, gender, sex characteristics, sexual orientation and disability. The bill also criminalises genocide denial.
Why new law attracted criticism
Much of the criticism of the hate crime bill centres around freedom of speech and freedom of religion. Foreign critics of the bill include technology millionaire Elon Musk, who has pledged to fund lawsuits against the law.
Peadar Toibin, leader of the socially conservative political party Aontu and a member of the Irish parliament, argued that the law was too vague in defining what constituted “hate.”
There is no definition of ‘hate’ and no definition of ‘gender.’ If the government is going to criminalise a citizen, they have to set out clear legal parameters.
He stated that the people of Ireland did not want a bill that “penalises them for articulating different views on certain issues.”
