Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Hate Speech Public Consultation

Options
1727375777885

Comments

  • Registered Users Posts: 25,329 ✭✭✭✭Strumms


    The wording of the legislation is so vague and bôllocks… incitement…. Right



  • Posts: 0 [Deleted User]


    And that's the point.

    It's not about some theoretical debate in Trinity College Dublin about how great the legislation will be in theory.

    In practice, the terms are, to borrow your phrase, "so vague and bollocks", that it will have unintended consequences.

    Not unpredictable consequences, of course, as our side of the argument has already set out.



  • Registered Users Posts: 29,073 ✭✭✭✭end of the road


    we cannot say that the legislation is never going to be what many of us are concerned it will be, because it's ambiguity and the lack of clarity and the terms within it being open to multiple forms of interpretation means that there can and will highly likely be unintended consequences, quite similar to the UK legislation as well.

    its not just right wing people who are concerned, people on the left such as myself are also concerned, dispite generally disagreeing with 99% of the views of the posters who (in relation to this topic) we are agreeing with and i believe that concern is legitimate and will be proven right.

    ticking a box on a form does not make you of a religion.



  • Registered Users Posts: 21,569 ✭✭✭✭Tell me how


    What do you mean by 'proven right'?

    If there is a singular person questioned under the legislation, or indeed prosecuted and later it comes out that that shouldn't have happened, does that mean that the concern was right and the legislation should not have been enacted?

    Because we have such cases about pretty much all criminal legislation on the books do we not, does that mean the legislation was incorrect, or poorly constructed?

    As I referred to earlier, the same arguments being used to undermine this particular legislation could also (and has been in some ways) be used to argue against legislation to criminalise sexual harassment or assault and yet what we see there is that even with the legislation in place, most perpetrators of such crimes are not prosecuted for doing so.



  • Registered Users Posts: 29,073 ✭✭✭✭end of the road


    in this case it will likely mean so yes given that the legislation is so unclear and so open to interpretation and the fact it is about criminlising views.

    ticking a box on a form does not make you of a religion.



  • Advertisement
  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    Incitement to hatred has been in law since 1989

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 41,062 ✭✭✭✭Annasopra


    Do you think it is ok to publish material that calls to "promote the use of knacker babies as shark bait"

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 2,841 ✭✭✭TomTomTim


    A point that's very relevant here, is that EU's highest court considered calling the Prophet Mohammed a pedophile, which is a factual statement, incitement in the Austrian case a few years ago, which highlights the problems with such legislation. The bar for incitement was once a clear one, yet the EU reduced it to what can at best can be viewed as implied incitement, and implied incitement is a dangerous game for obvious reasons.

    “The man who lies to himself can be more easily offended than anyone else. You know it is sometimes very pleasant to take offense, isn't it? A man may know that nobody has insulted him, but that he has invented the insult for himself, has lied and exaggerated to make it picturesque, has caught at a word and made a mountain out of a molehill--he knows that himself, yet he will be the first to take offense, and will revel in his resentment till he feels great pleasure in it.”- ― Fyodor Dostoevsky, The Brothers Karamazov




  • Registered Users Posts: 6,825 ✭✭✭RobbieTheRobber


    Tom I dont think the ECHR agreed that was a factual statement.



  • Advertisement
  • Posts: 0 [Deleted User]


    I already quoted features of the legislation that are problematic, and how that kind of wording (such as 'harm' and 'reckless' and 'ill will') can be manipulated by bad actors as well as to create a chilling effect.



  • Registered Users Posts: 516 ✭✭✭BattleCorp1


    Clearly that is not ok.

    But what if I make a statement that says "kn........... babies are more likely than settled people to grow up and become thieves", does that mean I've committed a crime under this proposed legislation? The problem is that the legislation is so open to personal interpretation, nobody can answer that question.



  • Posts: 0 [Deleted User]


    The interpretation is always the problem with this kind of legislation.

    Not only the interpretation of the remarks by the accuser, and how they claim harm, but the interpretation of the legislation and the accuser's interpretation of the remarks by the judge.

    Who gets to be the arbiter of what is an acceptable interpretation and what isn't? Who would you give that power to?

    These kinds of problem are the inevitable consequence of opening this Pandora's box of legislation.



  • Registered Users Posts: 2,841 ✭✭✭TomTomTim


    If that the case then it's even more dangerous, as it is a statement of fact. If you read the report there's a lot of "weasel" words with little substance:

    The Court reiterated that it has distinguished in its case-law between statements of fact and value judgments. It emphasised that the truth of value judgments was not susceptible to proof. However, a value judgment without any factual basis to support it might be excessive. 


    It agreed with the domestic courts that Mrs S. must have been aware that her statements were partly based on untrue facts and apt to arouse indignation in others. The national courts found that Mrs S. had subjectively labelled Muhammad with paedophilia as his general sexual preference, and that she failed to neutrally inform her audience of the historical background, which consequently did not allow for a serious debate on that issue. Hence, the Court saw no reason to depart from the domestic courts’ qualification of the impugned statements as value judgments which they had based on a detailed analysis of the statements made.

    Do better than these courts Robbie, show me how what was said was untruthful? Regardless, truth itself shouldn't be that relevant. Should people be allowed to say that Jesus is gay? Of course they should even if it's false. Unless it falls under slander or libel, it should still fall under freedom of expression.

    The ruling is even worse than I though too as it wasn't even implied incitement to violence, it was incitement to intolerance. Which makes it look like they are making it up as they go along.

    . Only where expressions under Article 10 went beyond the limits of a critical denial, and certainly where they were likely to incite religious intolerance,

    Islamic "religious feelings" are clearly above our rights to freedom of expression according to the EU:

    The Court found in conclusion that in the instant case the domestic courts carefully balanced the applicant’s right to freedom of expression with the rights of others to have their religious feelings protected, and to have religious peace preserved in Austrian society

    The whole case is a great example of the lack of clarity, and the dangerous midfield that such policies will bring us, as they've given themselves enough width to make extremely subjective judgments, based on the community it's applied to. Every sane person here knows this wouldn't even be near a court if something similar was said about any Christian figures.

    “The man who lies to himself can be more easily offended than anyone else. You know it is sometimes very pleasant to take offense, isn't it? A man may know that nobody has insulted him, but that he has invented the insult for himself, has lied and exaggerated to make it picturesque, has caught at a word and made a mountain out of a molehill--he knows that himself, yet he will be the first to take offense, and will revel in his resentment till he feels great pleasure in it.”- ― Fyodor Dostoevsky, The Brothers Karamazov




  • Registered Users Posts: 6,825 ✭✭✭RobbieTheRobber



    Who gets to be the arbiter of what is an acceptable interpretation and what isn't? Who would you give that power to?

    The courts are the arbiter in our legal system eskimo. What would you suggest instead?



  • Registered Users Posts: 6,825 ✭✭✭RobbieTheRobber


    I don't think you understand what the ECHR's involvement with this case was.

    The woman in this case was charged under Austrian law and was found guilty under Austrian law she appealed that decision to the ECHR under EU Article 10 rights

    "Article 10 of the European Convention on Human Rights provides the right to freedom of expression and information, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". This right includes the freedom to hold opinions, and to receive and impart information and ideas."

    Her case was not successful.


    Do better than these courts Robbie, show me how what was said was untruthful? Regardless, truth itself shouldn't be that relevant. Should people be allowed to say that Jesus is gay? Of course they should even if it's false. Unless it falls under slander or libel, it should still fall under freedom of expression.

    🤣🤣

    Would you GTFO are you trying to get me banned from this thread for going off topic?



  • Registered Users Posts: 464 ✭✭The Quintessence Model


    Do you agree with the decision of the Austrian court?



  • Registered Users Posts: 6,825 ✭✭✭RobbieTheRobber


    I haven't seen all the evidence presented nor do I pretend to have any understanding of Austrian law in regard to this matter.

    How about you, have you read all the evidence presented in this case and do you have a good enough understanding of Austrian law to declare the verdict true or false?



  • Registered Users Posts: 464 ✭✭The Quintessence Model


    It's not about being true or false. Do you think someone should be fined or prosecuted for disparaging the (or a) prophet of a religion, by, for example, calling them a paedophile?

    Here is the background of the case

    https://en.wikipedia.org/wiki/E.S._v._Austria_(2018)


    Note: I am not asking you if the law was correctly applied or not, but rather whether that law should exist in the first place or not.



  • Registered Users Posts: 6,825 ✭✭✭RobbieTheRobber


    Note: I am not asking you if the law was correctly applied or not, but rather whether that law should exist in the first place or not.

    What law though. What Austrian law was the woman in this case tried under?


    PS: You linked to a wiki article on the ECHR case which provides no additional background information, but eh thanks anyway.



  • Advertisement
  • Registered Users Posts: 464 ✭✭The Quintessence Model


    The question is quite simple: Do you think someone should be fined and/or prosecuted for stating that the prophet Muhammed was a paedophile?

    Forget about under which law, or what law for a minute.



  • Registered Users Posts: 6,825 ✭✭✭RobbieTheRobber


    The English translation of the wording  Elizabeth Sabaditsch-Wolf was found guilty under Austrian Law I can find is:

    Section 188 of the Austrian Criminal Code, called ‘Vilification of Religious Teachings’, criminalizes:

    “Anyone who publicly disparages a person or thing that is the object of worship of a domestic church or religious society, or a doctrine, [or other] behavior is likely to attract legitimate offense…”

    And seeing as this is just anti blasphemy legislation and not hate speech related it is really going off the topic of this thread.

    I am going to leave this line of discussion here TQM, seeing as this thread is on hate speech and you are trying to take it off into debating blasphemy legislation and I don't want any more infractions or to create any more work for the mod team deleting posts that are off topic.


    https://end-blasphemy-laws.org/countries/europe/austria/



  • Registered Users Posts: 464 ✭✭The Quintessence Model


    Ok so you won't answer the question. As is your choice, but of course we both know why you are hesitant to do so, and it's got nothing to do me trying to side track the discussion.

    Are you also aware that she was charged under hate crime legislation as it exists in Austria (and thankfully acquitted)? Being brought before the courts for asking

    'What do we call it, if it is not paedophilia?’

    in relation to a 50+ man sleeping with a 9 year old is the type of thing people mean when they talk of the potential for a climate of fear to arise, the type of thing that has existed in Ireland before during the height of the catholic church. We should not be doing anything to potential bring us back to something similar. We should be doing the exact opposite.



  • Registered Users Posts: 6,825 ✭✭✭RobbieTheRobber





  • Registered Users Posts: 6,825 ✭✭✭RobbieTheRobber


    Well if you are so sure, you should contact Ms Sabaditsch-Wolf and let her know because so far she has not been able to prove that sufficiently before the Austrian courts twice or the ECHR either. Good luck with assisting her in her new trial TQM anti blasphemy legislation shouldn't be acceptable in a modern Europe.



  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    The biggest issue will be the legislation being weaponised by various self anointed activists ,like what we seen in the UK not just with the miller case but several others involving people disagreeing over Twitter and suddenly one party going to the police to report they have been a victim of a hate crime , rapidly followed by the victim being given protections similar to rape and sexual assaults ,ie police protection and life long amonimity ,mean while the other person gets dragged through the mud and careers get ruined ,

    All for a difference of opinion on Twitter,



  • Registered Users Posts: 6,825 ✭✭✭RobbieTheRobber




  • Registered Users Posts: 464 ✭✭The Quintessence Model


    There is nothing racist in saying that a 56 year old man who has sex with a 9 year old is a pedophile. This resulted in charges being brought against a person under hate crime legislation.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    'harm ' and 'reckless ' are already in many legislation, look up Non Fatal Offences Against the Person act, 1997

    being reckless is recognised in criminal law as being part of 'mens rea' and has been for a long time.



  • Advertisement
  • Registered Users Posts: 6,825 ✭✭✭RobbieTheRobber



    I didn't say there was TQM. I replied to another poster and said people should not be racist on twitter.

    So the woman in Austria was found guilty under hate crime legislation was she?



This discussion has been closed.
Advertisement