Hate Speech Flashcards

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1
Q

What is hate speech

A

speech intended to insult, offend, or intimidate because of some trait

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2
Q

What is the sedition act

A

Words and publications with seditious tendency

  1. against govt
  2. among residents in SG
  3. promote feelings of ill will and hostility between races or classes of the population

Tendency, not actual effect, is required
Intention is not required

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3
Q

What are the penalties for Sedition Act?

A
  1. Prison 2. Fine for
    words, acts, pub;icaitions

Used against hate speech since 2005

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4
Q

What are hate speech laws before amendments in 2019?

A
  1. Sedition Act: Tendency to promote ill-will and hostility between races and classes of population
  2. Penal Code
    S298: wound religious or racial feelings
    S298A: maintenance of religious or racial harmony
    S267C: incitement
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5
Q

What are the hate speech laws after amendments in 2019?

A
  1. Sedition Act
  2. Penal Code
    S298: intentionally wound racial feelings
    S298A: maintenance of racial harmony
    S267C: incitement
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6
Q

How to know which law?

A

Proseuctor chooses whether to prosecute, which law to use

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7
Q

What is the MRHA? When did it come into effect?

A

Maintenance of Religious Harmony Act.

  1. knowingly incites feelings of illwill etc for a group in SG
  2. group is distinguished by religion
  3. knowing that feelings will likely to occur
  4. feelings will threaten public peace or public order
  5. intention not required, only knowledge

bar to prove is lower

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8
Q

What is incitement in SG?

A
  1. document or 2. electronic record of
    incitement to violence or breach of peace

–> unrecorded live rally cannot be incitement

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9
Q

What is 298A?

A

Knowingly promotes feelings of enmity, hatred, or illwill between racial groups

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10
Q

What is 298?

A

With intention of wounding racial feelings of any person

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11
Q

What is incitement in the US?

A
IIIPLA
Intentional
Incitement 
Imminent
Probable
Lawless action 
  • not just advocating breaking the law
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12
Q

Regulating hate speech in America

A

violates the First Amendment

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13
Q

What are the exceptions to the First Amendment in the US?

A

Incitement
Fighting words
True threat

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14
Q

What are fighting words?

A
  1. words that a reasonable person would understand to be words that likely cause an average addressee to fight
  2. by their utterance, inflict injury or tend to incite an immediate breach of the peace
  3. personally directed –> not just general expression of dissatisfaction w govt
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15
Q

What are true threats?

A
  1. intent to injure
  2. told to victim
  3. reaction of recipient to threat
  4. conditional threat
  5. whether similar statements made before
  6. propensity for violence
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16
Q

Why should FoE be regulated?

A

if permitted, hate speech may

  1. weaken social bonds
  2. reinforce hate
  3. allow bigots to find each other
17
Q

Why should FoE not be regulated

A

FoE may be a safety valve

  1. Bigots may discharge anger without violence
  2. channel resistance into courses more consistent with law and order
  3. Lead to more tolerance: immunity to hate speech, communities become stronger by dealing with hate by confronting it or ignoring it
18
Q

What is the dominant SG view towards hate speech?

A

answers will not be found only through debate and discussion, sensible boundaries must also be drawn

19
Q

What is the 3rd person effect?

A

perception that a message will exert stronger impavt on others than on self

  • overestimate media impact on others
  • underestimate media impact on self
20
Q

What explains the 3rd person effect?

A

self-enhancement bias, human tendency to perceive self as superior to others

satisfies need for control, minimises impact of external factors on self

21
Q

What is the consequence of the 3rd person effect?

A

support censorship