Incitement?

Question 1

General Rules?

Answer 1

Person may incite another to do an act by threatening / persuasion: Race Relations Board v Applin 1973
Doesn’t exist if person already thinking about commiting: R v Higgins
Offering money: Ag v Capaldi 1949 (abortion)
Incitee must be capable of committing crime: R v Whitehouse

Question 2

Incitement: impossibility?

Answer 2

R v Fitzmaurice 1983: A recruited 2 men to rob woman. Robery set up by father & Bs conviction quashed.
A convicted of incitement to rob based on:
Examination of conduct
Intent to incite crime present
A recruited B & incited participation in what seemed like genuine crime

Question 3

Soliciting to commit murder?

Answer 3

S4 offences against person act 1961: solicit, encourage, persuade, propose to murder another person
DPP v Gillane: wife disappeared
Two men claimed to recognise A as man who approach them & asked if they would kill woman

Question 4

Incitement to hatred regulation?

Answer 4

Prohibition 1989 Act
Implements Ireland’s international law obligations under Article 20, international covenant on civil & political rights

Question 5

S2(1) Words & actions likely to incite hatred?

Answer 5

S2(1) shall be offence:
1. Publish / distribute written material
1. Use words, behave, display
3. In any place other than private property
4. Inside private residence where it can be seen/ heard outside
5. Distribute/show/play visual images sounds

Question 6

S2(2) Incitement to Hatred Defences?

Answer 6

If intention cannot be proved it shall be defence to:
Prove not aware of content & did not suspect content was abusive
Prove no reason to believe content would be heard / seen outside

Question 7

Prosecutions under S2?

Answer 7

Dpp v Flannery 1999: acquitted, Lee acknowledged A did not intend to incite, words publicity could have done. Judge noted issue stemmed from inaccurate reporting
Dpp v Callan: successful prosecution (blacks should be drowned)

Question 8

Broadcasts likely to incite hatred?

Answer 8

S3(1) 1989 Act: outlaws
S3(2) specifies this includes broadcaster / producer/ contributor

Question 9

Broadcasts defences?

Answer 9

S3(3): did not know item concerned involves material which offence relates to
Not reasonably practicable to secure removal of material
S3(5) contributor did not know item would be broadcast

Question 10

Broadcasting case law?

Answer 10

Jersild v Denmark 1964: (neo nazis)
Deemed to incite hatred however serious nature / maturity of audience didn’t violate freedom of expression