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

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  • Posts: 0 [Deleted User]


    If I was walking along a street, and someone called me that name -- I wouldn't think they should be convicted of a crime. I'd think they were a gobshite.

    That's it.

    If someone physically attacks a gay person and uses those slurs, the latter become irrelevant. The physical attack against the person is what matters. And they can be convicted under existing legislation.



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


    Incitement to violence legislation? No such thing. Its incitement to hatred. Yet again you proved you don't know what you are actually talking about.

    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]




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


    Oh, it's not that big of a stretch that nobody would give a fcuk. Lots of sensitive types around looking to be offended.

    And on the paranoid point:




  • 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



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


    They...

    Indeed...

    Proves the point of my signature

    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: 7,595 ✭✭✭suvigirl


    No. It's not. That's the point. Existing legislation doesn't cover modern society. So it needs amendments, like many other legislation over the years.

    Road traffic legislation has been amended many times times the 1960s!



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


    I know legislation is amended all the time and that there's a need to amend legislation regularly. I just happen to think that this piece of legislation is too ambigous and will be used to shut down opposing views.

    Are you sure it isn't a crime at the moment? How long would I get away with walking around with a placard saying that 'All travellers should be killed' before I'm arrested? It's a threat of violence, isn't it? And threats of violence are currently illegal.



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



    Asking the same question over and over, is demonstrating you don’t actually accept the premise that pointing out you’re looking for examples of how you can be abused, is weird. The legislation has nothing to do with your being gay, it could be that you are abused on the grounds of any of the protected characteristics referenced in the Bill -

    Those protected characteristics are race, colour, nationality, religion, national or ethnic origin, descent, gender, sex characteristics, sexual orientation, and disability.

    Couple of weeks ago there was a discussion raised about the idea that ‘gammon’ is a racially motivated term. Nothing to do with your sexual orientation, and I’m sure true to form if someone were to refer to you as gammon you’d be sure to find it hilarious, cos let’s be honest it’s fcuking accurate AF, but there are undoubtedly some knobheads who find the term offensive and complain about how they do not wish to be referred to as gammon.

    Would you think of their complaint as reasonable? Do you think someone who uses the term is motivated by racism? There’s your example of something which anyone can say today, which may be regarded as meeting the criteria for a hate crime, or incitement to hatred - the argument that their actions were motivated by racism. If you don’t think so, because you’re such a reasonable fellow, then you’ve really nothing to be concerned about, because the same standards which are applied to everyone else, equally apply to you 👌



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


    It is a crime under the incitement to hatred act. The incitement to hatred act has proved ineffective in being able to prosecute actual incitement to hatred.

    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



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  • Registered Users Posts: 1,684 ✭✭✭Economics101


    Equal protection under the law is a guiding principle of the US Constitution. I know our system is different, but the principle of equal protection seems to me to be universally valid. By giving special status, or extra protection, to specific groups (race, religion etc, etc) you are diluting equal protection. If someone commits a truly hateful violent act against me, then the penalty will be less, because as a white Irish heterosexual male, I am unlikely to have protected status. But the damage and suffering I experiance can be just as great as for any other person.

    The law should be based on the objective and proven criminal act of the perpetrator, not on what could be an arbitrary distinction between protected and other groups.

    To say that protected groups suffer much more from hate crime is in a sense irrelevant: the solution to this is vigorous law enforcement against all perpetrators of hate crime. That should help vulnerablle people as much as special protected status, with the added benefit of avoiding opposition from people outside the specially protected categories.



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


    If it's a crime under the act, then it should be prosecutable (if that's a word).

    Anyway, I'm off to bed. Night.



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


    Its actually not a threat of violence though, it's merely an opinion. Saying all travellers should be killed is not the same as trying to invite people to.actually kill them.



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


    That's the point.

    The bar is set too high in the 1989 Act and many things are not prosecutable but should be.

    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 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: 7,595 ✭✭✭suvigirl


    And yet we know there is never any prosecution for this type of speech,.proving that the current legislation is not fit for purpose.

    which is why, we need updated amended legislation.



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



    There’s no special status or extra protection being given to specific groups through. Everyone is being granted the same protection on the basis of the protected characteristics named in the Bill. If the motivation for attacking you was because you’re a white heterosexual male, then it’s those motivations which will determine that the Gardaí are investigating a possible hate crime. The law is still based upon an objective criminal act, it doesn’t mean the perpetrator(s) will be prosecuted, because they’d have to be found first (providing they didn’t stick around for questioning).

    It’s because specific groups weren’t previously protected, is the reason for the updating of the legislation, and they need it precisely because of people who view themselves as being outside the protected characteristics, and view other people as being unworthy of equal protection in Irish society.



  • Registered Users Posts: 102 ✭✭TokenJogger


    And that is exactly why people are objecting to the proposed legislation

    The dilution of equality and the creation of a hierarchy



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



    Evidence, that anyone is out to get you, would be nice, particularly if you’re claiming that there’s lots of sensitive types around looking to be offended, while asking me what I mean by ‘being targeted’ 🤨



  • Registered Users Posts: 1,684 ✭✭✭Economics101


    Not quite: as I understand it (see Helen McEntee in to-day's IT) the penalty for attacking a white heterosexual make would be less than a similar attack on a protected group member. This is in my view not equal protection. The prosecution my be similar, but not the penalty.



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


    It's why some are objecting. A lot of others objecting don't actually support equality in the first place.

    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: 23,986 ✭✭✭✭Larbre34


    From an RTÉ commentary on the current debate:

    Former justice minister and former Attorney General Michael McDowell said the Bill is "not in good shape" and needs to be amended.

    He added "it can be a charter for freezing genuine free speech and prevent people from articulating unpopular views".

    Minister McEntee insists this is not the case. She said people still have the right to offend.

    "Free speech will remain a cornerstone of our democracy," Minister McEntee said.

    "It is enshrined in our constitution. It is only the extreme forms of speech that deliberately and recklessly incite acts of hostility or violence and cause harm to persons with a protected characteristic that will be criminalised."

    To me, this extract demonstrates all that is fundamentally flawed and misjudged about this bill.

    "Only the extreme forms" says Helen McEntee, while utterly failing to provide a definition of 'extreme' in the legislation, or in any statutory instrument to derive from the primary legislation.

    Sorry now Helen, but either free speech is protected by the Constitution, or it isn't. You must take a view on which and then proceed with some honesty on the matter.

    She says that's the guidance from the AG, but it flies in the face of UN guidance on such laws! If the existing legislation fails to secure prosecutions, then this Bill will surely result in even less, through its sheer ambiguity and what would no doubt prove to be wild inconsistency case law.

    They need to go back to the drawing board. Like tear everything up and get a blank sheet of paper.

    Hold a Citizens Assembly and be guided by the wisdom of the people and then see how a proportionate law on acts of hate (including remote incitement and harassment) can be framed in a way not to stifle a fundamental tenet of freedom in this State.



  • Registered Users Posts: 102 ✭✭TokenJogger


    But that's not a reason to bring forward a bill which writes into law a discriminatory based hierarchy

    It's a bad bill that discriminates for example based on sexual orientation, prosecutions and penalties willbe different

    We've seen this before in the states and south Africa with penalties and punishment being different based on skin colour

    The penalties and punishments should soley be based on the crime committed and blind to social status



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


    What UN guidance are you referring to exactly?

    The UN Committee on the Elimination of Racial Discrimination recommended in 2019 to update and strengthen the 1989 law

    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: 23,695 ✭✭✭✭One eyed Jack



    Have you ‘ere a link at all to the article, or was it in the offline version? It just sounds like something Gript would be all over like flies on a shyte if Helen McEntee expressed those sort of sentiments about any penalties for attacking white heterosexual males… the very idea she would mention white heterosexual males at all even, is extraordinary 😳



  • 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: 102 ✭✭TokenJogger


    Not shameful, it's correct, don't like it all you want it will still remain true

    Justice should be blind

    It's very simple

    Only those who want to discriminate would support such a bill



  • Registered Users Posts: 23,986 ✭✭✭✭Larbre34


    It did, and here we are, but the position of the UN is that the acts of hatred need to be very clearly defined. Things said, done and incited.

    This legislation fails to do that and we are told this is because of the view of the Attorney General. This contradiction needs addressing.



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


    Can you please point me to the UN guidance you are talking about?

    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



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



    Sorry now Helen, but either free speech is protected by the Constitution, or it isn't. You must take a view on which and then proceed with some honesty on the matter.


    She is proceeding with honesty on the matter though?


    6    1° The State guarantees liberty for the exercise of the following rights, subject to public order and morality: –

    i      The right of the citizens to express freely their convictions and opinions.

    The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.

    The publication or utterance of seditious or indecent matter is an offence which shall be punishable in accordance with law.

    https://www.irishstatutebook.ie/eli/cons/en/html#part13


    Bold emphasis my own.



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