Acts Intended to Stir Up Religious or Sexual Orientation Hatred Flashcards
Q: What Act introduced the offence of stirring up hatred in relation to religious or sexual orientation?
PO Act 1986 (amended by the Racial and Religious Hatred Act 2006)- created a new offence of stirring up hatred against people on religious grounds.
Q: What is the law on stirring up hatred in relation to religious or sexual orientation?
S29B and s29C- it is an offence to use threatening words or behaviour and to display, publish or distribute any written material with intent to stir up religious hatred.
Q: What is ‘religious hatred’?
Religious hatred
Defined as hatred against a group of persons defined by their religious belief or lack of religious beliefs.
Q: Who decides what is classed as a ‘religion’ or a ‘religious belief’?
It is for the court to decide on the facts of the case what is classed as a religion or a religious belief.
Eg: Christianity, Judaism, Islam, Hinduism, Sikhism etc…
Branches within a religion can also be classed as religious beliefs.
Q: What does the phrase ‘lack of religious belief’ mean?
The phrase ‘lack of religious belief’ protects people who can be defined by atheism or humanism (or other non-religious beliefs).
Q: What conduct does this offence apply to? How is different to those under s18 and s19?
Offence applies only to words that are threatening and not abusive or insulting.
Q: What did Parliament intend to do by introducing this offence?
Parliament intended to recognise the right to free speech and expression.
S29J- the discussion, criticism or expressions or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs are protected.
Q: What if someone attempts to convert another to a different religion or stop them from practising?
Non-threatening attempts to convert or urge adherence of a different religion or belief system to cease practising their religion or belief system are not illegal.
Q: Will recklessness suffice for this offence, like under s18 and s19?
Unlike for the racial hate offences, the words used to stir up religious hatred must be intended to do so. Recklessness as to whether the words will stir up such hatred is insufficient.
Q: How did the CJ and Immigration Act 2008 extend this offence? What did it include?
S29B and s29C were further amended by the Criminal Justice and Immigration Act 2008- which made it an offence to stir up hatred against someone on the grounds of sexual orientation with intent.
The protection includes heterosexuals and homosexuals and bisexuals.
Q: Can these offences be committed in public and/or private?
As with the s18 and 19 offences, these can be committed in a public or private place. except, no offence is committed where the words or behaviour are used or the written material is displayed by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.
Q: Do any defences apply?
The same defences that apply to the s18 offence apply here- no reason to believe that the words or behaviour would be heard or seen outside the dwelling or were used solely for the purpose of being included in a programming service.
Q: Summary s29B and s29C offences
It is therefore an offence to use threatening words or behaviour or by virtue of s29C to display, publish or distribute any threatening written material with the intent to stir up hatred on grounds of sexual orientation. It is also an offence to broadcast such material with intent to stir up such hatred.
Q: Do you need to show that hatred has actually be stirred?
There is no need to show that any hatred has been stirred up by the offensive behaviour.
Q: Whose consent is needed for any prosecution?
The Attorney General’s consent is required for any prosecution.
