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Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 - Read OP

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  • Registered Users Posts: 11,772 ✭✭✭✭BattleCorp


    It's not just the vagueness of the definition of hate, there's also the powers of search.

    If I'm suspected of possessing hate speech material, the Gardai can, with a search warrant, enter my home and seize every piece of electronic equipment in the house and take it away for examination. So, even though my wife did nothing wrong, her devices could be seized, as could my kids etc.



  • Registered Users Posts: 7,352 ✭✭✭MrMusician18


    I wouldn't hold out much hope that this law will be struck down - our SC judges have a rather liberal interpretation of the constitution. They are the same court that considered a boy slapping another boy on the arse as a sexual assault despite no sexual motive or intent.



  • Registered Users Posts: 7,595 ✭✭✭suvigirl


    That's every warrant in existence.

    Most warrants are given by judges who have to be satisfied to the need for the warrant.



  • Registered Users Posts: 7,595 ✭✭✭suvigirl


    Our supreme court judges are extremely knowledgeable in law,.precedent and constitutional law. I would have every confidence in their ability.

    What case is that you're talking about?



  • Registered Users Posts: 7,352 ✭✭✭MrMusician18


    I don't know - when you consider the above judgement from Charlton et. al. that the mere striking of the buttocks is a sexual assault regardless of a sexual intent, considered today, that would by extension make almost every pre-1990's parent guilty of a sexual offence.

    The finest minds I'm sure...



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  • Registered Users Posts: 7,595 ✭✭✭suvigirl


    So, you have no issue with random men slapping you, your wife, your children on the arse? You didn't say what case it is either?



  • Registered Users Posts: 968 ✭✭✭Str8outtaWuhan


    I remember reading about another lad talking about wiping out the Jews and the Irish state did nothing, in fact I seem to recall a Russian lad threatening to wipe all the Ukrainians off the planet and we sent them some bullet proof vests!!!



  • Registered Users Posts: 11,772 ✭✭✭✭BattleCorp


    I'm fine with the process of the warrant. I'm just not happy that they could take away every piece of electronic equipment in the house, even if it's owned by someone else and not the accused.



  • Registered Users Posts: 7,595 ✭✭✭suvigirl


    Unfortunately, and hopefully it never happens to you, but every warrant will allow them to take everything that they deem to.be evidence out of a house. Doesn't matter who 'owns' it.



  • Registered Users Posts: 235 ✭✭Hodger


    " The law doesn't stop you having opinions, " Hey that,s not what Pauline said last week.

    " If a person,s views on other people,e Identities make their life unsafe and Insecure and cause them such deep discomfort that they cannot live in peace our Job as legislators is to restrict those freedoms for the common good " .

    In other words opinions on migration policy or expressions of view believing in only two genders must be censored for the common good according to Pauline because such views / opinions cause deep discomfort.




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  • Registered Users Posts: 7,595 ✭✭✭suvigirl




  • Registered Users Posts: 1,274 ✭✭✭bloopy


    We will find out a few months after it has been enacted.

    I am sure there are plenty of groups, on all sides of the political spectrum, gearing up to use this legislation to their advantage.

    It could end up as a gigantic s**tshow with accusations and challenges flying about all over the place.

    It may become unworkable.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    Ahh there’ll be a few loopers claiming as they always have done that they’re being silenced or censored, playing the victim basically, but most people will simply carry on about their daily lives and the legislation will have no impact upon them whatsoever.

    I don’t imagine at all it’ll be the shìtshow some people are predicting, as challenging any legislation through the legal process takes significant financial resources and considerable effort, neither of which that small number of people who wish to play the victim would wish to burden themselves with.



  • Registered Users Posts: 4,994 ✭✭✭c.p.w.g.w


    Genuine question about this legislation, is it going to cause potential issues for things like board games that's may cause offence... thinking of "Secret Hitler" https://www.secrethitler.com/

    If someone was to find it offensive, could it become a victim of the law...

    Regards Gender, if a biologist says that someone with a penis is a man, are they liable under this legislation



  • Registered Users Posts: 4,994 ✭✭✭c.p.w.g.w


    She is a green senator, she is a complete Melt, remember her on tonight show arguing that importing beef from Brazil was better for the environment during a discussion on the reduction of our national herd



  • Registered Users Posts: 10,995 ✭✭✭✭chopperbyrne


    The problem with this bill is that it is way too open to interpretation.

    I own "Irreversible Damage" by Abigail Shrier, and "Trans" by Helen Joyce. Some people consider these books hateful.

    I probably have a copy of Mein Kampf somewhere too, which is full of hateful material, but to make it a potential crime to possess these is batshit.

    Someone could disagree with something I've said on twitter, report me for a hate offence, and use these books in my possession as evidence.



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


    Are either of those cases severe incitement to violence or hatred?

    That's what we are talking about in relation to this bill

    Only the most severe types of speech that constitute incitement to violence or hatred would be criminalised under the Bill. 

    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



  • Posts: 0 [Deleted User]


    In theoretical terms, you would imagine that would be the case.

    But in practical terms, we've already seen the consequences of similar legislation in the UK and elsewhere throughout Europe -- and yes, it involved Tweets being reported as hateful, and law enforcement turning up at people's door.



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


    This isn't the UK Bill. You're scaremongering with no evidence from the Irish Bill to back up what you are saying

    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: 11,772 ✭✭✭✭BattleCorp


    The bill doesn't say it only applies to 'severe' incitement to violence or hatred.

    The problem is that none of us know how it will be implemented.

    Will I be prosecuted if I say 'Kill all trans people' or that they should all be stabbed? I'd expect so because there's a clear threat of violence.

    But if I say that I think all trans people have a mental illness, will I be prosecuted? I'd hope not because that statement neither portrays that I hate trans people or that I advocate violence or hatred against them.

    The problem is that this legislation is too open to interpretation. Intent is no longer required for conviction. The term reckless is enough for a conviction and reckless isn't defined. Could my statement that 'all trans people have a mental illness' be determined to be reckless under the legislation even though I didn't mean it to be taken as a call to violence or hatred against trans people? We just don't know.

    Will possession of distasteful memes be a crime under Section 10? And under that section you've to prove your innocent rather than the State having to prove you guilty.

    In any proceedings for an offence under this section, where it is proved that the accused person was in possession of material such as is referred to in subsection (1) and it is reasonable to assume that the material was not intended for the personal use of the person, the person shall be presumed, until the contrary is proved, to have been in possession of the material in contravention of subsection (1)


    We'll know soon enough when the bill is enacted. And by then it will be too late.



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


    It has been clarified by Government TDs and the Attorney General that only the most severe types of threatening speech inciting violence and hatred will be criminalised.

    This is the text of the Bill


    • For the purposes of this Part, any material or behaviour is not taken to incite violence or hatred against a person or a group of persons on account of their protected characteristics or any of those characteristics solely on the basis that that material or behaviour includes or involves discussion or criticism of matters relating to a protected characteristic. 


    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: 11,772 ✭✭✭✭BattleCorp


    With respect, what a Government TD says isn't worth a shyte. You can't use 'My TD told me so' in court.

    And again with respect, I'd go so far as to say that what an Attorney General says isn't worth a shyte either. All an Attorney General can do is give their opinion on something, they don't make the rules. It's what's written in the law that counts. Just because one Attorney General views something one way, that doesn't mean that the next Attorney General will view it the same way. Feck, we even get different opinions from Supreme Court Judges hearing the same case.

    By the way, where has the Attorney General said that only the most severre types of threatening speech inciting violence and hatred will be criminalised? As far as I was aware, all legal advice by the Attorney General is not published and I don't remember seeing any comments by them online.



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


    No. Thats not true. When interpreting legislation the courts can and do look to what the debate was when it was being enacted and what the legislators may have intended in a particular wording of the bill. Its part of our common law system and judges do not rely solely on the wording of the law but can look back at the debate around the wording of the law and what legislators intended.

    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


    It's passed the Seanad

    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: 13,964 ✭✭✭✭Potential-Monke


    Wow. Guess we're gonna find out how bad it's gonna get. I hope it doesn't, but let's face it, humanity are scum so it'll totally be abused.



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


    Not a surprise - government have majority there and half the opposition supporting

    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: 235 ✭✭Hodger


    Back in 2009 when the Blasphemy law was brought in I don,t recall any talk of guards getting search warrants over suspected blasphemy, unlike this its being stated the guards can get search warrants over suspected " hate speech " but if its only severe types of speech they plan to criminalize, why give the guards more powers then the 2009 blasphemy law ?



  • Registered Users Posts: 3,363 ✭✭✭1800_Ladladlad


    Sen. Lisa Chambers has called for the bill to be paused...said she has been receiving many emails about the issue and said it was not all as part of an organized "far-right" movement but citizens with genuine concerns.

    Sen Eugene Murphy also said he has been getting thousands of emails about it from constituents.

    Sen Murphy threatened to not support the bill in the Seanad and said the definition of gender needs to be defined further through amendments.

    Sen McDowell's amendment to extend the debate for another 6 months was voted down.





  • Registered Users Posts: 3,363 ✭✭✭1800_Ladladlad


    Imagine lecturing people about freedom of speech and intolerance while your government is actively working to pass the greatest assault on freedom of speech in the history of the State.

    Martin “The most undemocratic thing to do is to try and shut down debate and that’s what you’re trying to do,”…..“Your thing is, debate on your terms and on nobody else’s.”

    While having a dissenting voice physically removed... accusing them of being intolerant and trying to shut down debate”. A debate has two sides, which is being denied to Ireland on this legislation. f*cking infurriating


    Post edited by 1800_Ladladlad on


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  • Registered Users Posts: 1,274 ✭✭✭bloopy


    The blasphemy law was deliberately structured so as to make a conviction as hard as possible.

    This law, from what has been said in the media over the last few weeks, seems deliberately left open to make getting a conviction easier.



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