Concerns raised to Department of Justice over proposed Hate Speech Bill

ireland
Concerns Raised To Department Of Justice Over Proposed Hate Speech Bill
In October, the then Minister for Justice Helen McEntee removed controversial provisions on hate speech from criminal justice legislation that the Seanad passed.
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Michael Bolton

There was confusion and concern among some members of the public regarding the proposed hate speech bill that the last government was set to implement.

Documents seen by BreakingNews.ie from the Department of Justice show that 269 emails were sent to the department about the proposed bill.

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Concerns were raised over what the bill would actually mean and what qualifies as hate speech.

One person questioned how effective it would be in stopping bigotry and expressed concern about how it could be used by the government in the future.

"There has never been a time in history when limiting speech—short of incitement to violence—has led to anything but absolutist government and horrific persecution. Even if your aims are altruistic, and I believe they are, this bill will be used, somewhere in the future, against the people of this country.

"Legitimate prejudice and bigotry are sickening, but controlling speech is the first stepping stone on the path to hell."

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Another person took issue with how hate would be defined, but made it clear that marginalised communities must be protected.

"The broader debate surrounding the bill centres on how it might restrict freedom of expression. While hate speech must be addressed, we must strike a balance that protects both free speech and marginalized communities."

The issue of how gender is defined was a common theme in correspondence to the Department of Justice, as members of the public questioned how the bill would impact gender issues.

"The bill’s vague definition of 'gender,' which includes identities beyond male and female, along with the absence of a clear definition of 'hate,' enshrines unobservable, self-declared identities as protected characteristics.

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"This serves to create a hierarchy of victims, where unverifiable ‘gender identities’ may overshadow the rights based on sex (female rights to safety, privacy, and free association) as well as those of same-sex attracted people."

Another person raised concerns about how someone could be discriminated against because of their gender under the bill.

"Can the Minister for Justice explain exactly how our laws can protect women from sex discrimination in Ireland while this bill is proposed to undermine any sex differences between male and female by introducing a new definition of gender that flattens a widely understood concept?

"Gender in Irish law is linked to sex, meaning male/female. Can the Minister for Justice explain why this position is taken and for what purpose, when instead she could introduce a new protected characteristic under 'transgender'?"

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Despite its criticisms, there was still support for the hate speech part of the bill, with one person citing the rise of the far-right as a reason for its implementation.

"I'm writing to you all to urge you to pass the hate crime and hate speech bill as soon as possible once the Dáil returns in September. Over the last year, we have seen malicious bad actors spread hateful disinformation online, leading to both the Dublin riots in November and riots in the UK a few weeks ago.

"We have also seen an increasing number of attacks targeting asylum seekers—tents burned on Sandwith Street last year, tents attacked with knives and pipes on City Quay on the Liffey in July, and asylum seekers beaten with bats in Ashtown in 2023. Not to mention all of the arson attacks on proposed international protection sites."

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Rallies across the State were also raised as a concern by another person, who was troubled by the misinformation about the bill.

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"It struck me that if the young hooligans participating in these hate rallies were required to sign in more than once a week, they might not have the freedom or anonymity they currently enjoy. I am very much in favour of hate speech law given the obvious rise of right-wing extremism worldwide. I am appalled that my local church has brochures on display urging against this."

In October, the then Minister for Justice, Helen McEntee, removed controversial provisions for hate speech from criminal justice legislation that the Seanad had passed.

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Act was approved last year by the Dáil but stalled in the Seanad after criticism from backbenchers, senators, and free speech groups.

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