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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: 102 ✭✭TokenJogger


    Exactly, proving the point of discriminatory practice yet again. Justice is supposed to be blind not corrupted by factors the government can't even define like gender

    It just highlights again, supporters of the bill want license to discriminate and enshrine it into law



  • Registered Users Posts: 102 ✭✭TokenJogger


    You're contradicting the bill itself now and highlighting it's horrendous flaw



  • Registered Users Posts: 33,330 ✭✭✭✭Princess Consuela Bananahammock


    In a way, yes - but it also proves the flaw in your logic: if no specifc race/gender/orientation is specified, than it can't rank as higher/more important than any other.

    What you're trying to say, for example, is that whites aren't protected because being white is not a minority; but the law doesn't say anything about minorities, or even mention a specific race, be it white, black or anything else.

    Everything I don't like is either woke or fascist - possibly both - pick one.



  • Registered Users Posts: 102 ✭✭TokenJogger


    What ?

    That justice should be blind for the good of all ?

    That it is the crime that should be punished ?

    Next you'll be saying the rape of a white woman by a black man deserves more punishment than the rape of a black woman by a black man because it's interracial

    Those that advocate or support the simile of the above example are subversively sexist and racist and seek to reinstate these views through law



  • Registered Users Posts: 102 ✭✭TokenJogger


    But it does list other characteristics which are analogous to race or sex, it's placing value on particular characteristics over others which is an attack on the universality of equality and equal treatment



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  • Registered Users Posts: 33,330 ✭✭✭✭Princess Consuela Bananahammock


    Everything I don't like is either woke or fascist - possibly both - pick one.



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



    There’s no discriminatory practice in the bill because it refers to protected characteristics, not specifics like your earlier example of a white male. Your argument is the equivalent of the author of that Gript article from earlier stating that there was a reason “Irishness” is not a protected characteristic -

    Ask yourself, for example, why the hate speech bill does not make “Irishness” a protected characteristic: The answer is because nobody preaching hate against the Irish race would ever get anywhere in Ireland, politically: Their speech need not be banned because it is not a threat to the powers that be.

    That’s the answer according to him, but the bill does refer to nationality, race, descent and national or ethnic origin as protected characteristics. I’d say that was pretty comprehensive, would you? He goes on to claim, like you, that the Government has no official position on the subject of gender and that the bill is needed to protect gender identity. Those claims are bullshìt, for two reasons -

    The Government isn’t required to have an official position on gender, and the concept of gender identity doesn’t need defending.

    It’s the definition of stupidity to accuse the Government of not having an official position on something, and then claim that they need to introduce laws to defend a position they don’t hold. Anyone making claims like that is in a poor position to be lecturing anyone on logic!

    For the purposes of the legislation, the protected characteristic of gender is defined as follows -

    “gender” means the gender of a person or the gender which the person expresses as their preferred gender or with which the person identifies and includes transgender or a gender other than those of male and female

    https://data.oireachtas.ie/ie/oireachtas/bill/2022/105/eng/ver_b/b105b22d.pdf


    I’d say that definition was pretty comprehensive! John McGuirk’s claim that his publication are going to deliberately flout hate speech law on the basis that free speech is not negotiable amounts to nothing more than posturing nonsense.

    The DPP isn’t likely to pursue a prosecution against anyone associated with the publication because there is no public interest whatsoever in giving the oxygen thieves at Grift any greater attention in the public domain than the insignificant amount they already have. McGuirk knows this, but he’s banking on the idea that his audience doesn’t, so he can appear to play the victim. Being prosecuted for knowingly breaking the law does not mean the person being prosecuted is a victim of the law. Irish law already recognises that people have a right to protest, and outlines the limitations on that right in the same manner as it outlines the limitations on the right to freedom of expression.

    McGuirk is doing nothing more than parroting tired clichés in the hope of increasing his publications revenue. Anyone who is inspired to protest the proposed legislation as a consequence of McGuirks rhetoric is likely to find the following document helpful in informing them of their rights and responsibilities, before they make a tit of themselves -

    https://www.iccl.ie/wp-content/uploads/2020/01/Know-Your-Rights-Protest.pdf



  • Registered Users Posts: 1,134 ✭✭✭lmao10


    Looks like we should see some charges for people if this legislation comes in which is great to see. The UK have recently put away a scumbag for similar. I'm sure the far right sympathisers would disagree with it but I think it would be great to see this kind of thing happening to the fascist scum in Ireland.




  • Registered Users Posts: 1,451 ✭✭✭TokTik


    Using the word gender to "define" gender is a circular definition, if any kind of definition. How can you define something by using it in the definition. It is useless.


    It's like defining a football as "a football which is used to play football".



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



    It serves its purpose to define gender as one of the protected characteristics within the context of this particular legislation. That’s important because in other pieces of legislation, gender has a different context, that applies only within the context of that particular legislation.

    To use your football analogy, it’s useful for telling people what you got up to at the weekend, you’re not required to define what type of football you were participating in, whether it was Gaelic football, American football, Australian football… ‘football’, and people will understand what you mean.



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  • Registered Users Posts: 1,451 ✭✭✭TokTik


    But what is gender, define it? How does one know what gender someone is? how does one know what gender they are?



  • Registered Users Posts: 11,773 ✭✭✭✭BattleCorp


    And what about the people like me who aren't radicalised into obsessive toxic hatred of trans people but have serious concerns regarding elements of people being trans, e.g. transwomen in female sports etc.?

    I think when you say that you see it here all the time, it's probably people like me that you see, and think that we've a hatred of trans people. I can only speak for myself but I don't have a hatred of trans people. I just don't believe that a man identifying as a woman makes them a woman and vice versa.



  • Posts: 0 [Deleted User]


    The best way to combat hatred and dislike of others is not through legislation, it's through persuasion.

    Locking some nutters up because of their nutty views only makes them martyrs to the cause they've joined. It doesn't actually solve the problem.

    If anything, it lets the hatred bubble away underneath society -- even if you don't directly encounter it.



  • Registered Users Posts: 1,430 ✭✭✭batman_oh


    People with this mindset that call everybody racists, fascists, bigots etc. can't deal with reasonable opinions that they don't agree with. They need to paint everything as us against them so they can fling the insults around to close down discussion. And in doing so they often harden the opinions of what otherwise would have been reasonable people against them. But that's the price to pay for being morally superior I guess.



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



    Neither of us have to stress about defining it though. The definition of gender for the purposes of the legislation, is right there.

    One doesn’t have to concern oneself with figuring out what gender anyone is or other things which are completely unrelated to the legislation. You can do, which is your prerogative of course, but what the legislation is saying you can’t do, is incite hatred or violence against other people on the grounds of any of the protected characteristics.

    It’s also saying that if you’re assaulted for example, and one of the protected characteristics is found to be a motivating factor in the commission of the offence, this will be taken into consideration in sentencing your assailant. Nobody need concern themselves with your gender, or your nationality, or ethnicity, or race, disability, etc.



  • Registered Users Posts: 1,451 ✭✭✭TokTik


    Some people argue that mis-gendering is violence or incitement to violence. I'd like to avoid this. How can I when the law is not clear on what a gender is? How many there are, or how one ascertains what someone's gender is.

    We've all seen videos of people going nuts after being "mis-gendered". Starbucks in the UK being the most recent one I can remember. I prefer an easy life and would rather avoid situations like that.



  • Registered Users Posts: 7,602 ✭✭✭suvigirl


    I think that the issues of trans people being involved in sports should be up to the sporting bodies. There are plenty who have restricted involvement of trans people.

    Personally, as I am not involved in any sports at a professional level, I would be happy for the people who are, to do as they see fit.



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



    You’re like myself so, I prefer an easy life too, so I don’t stress about things which are of no importance whatsoever, like what some people argue that I genuinely couldn’t care less about. It’s easily avoided, if you actually want to, which it appears Gript at least does not, because they’ve already said they’re going to flout the law, before it’s even been written into law!

    I’d say they were making a rod for their own backs, what do you think?



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


    I havent seen anyone argue that misgendering is violence or incitement to violence.

    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]


    I have seen hundreds of transgenders do exactly that. Sure they say it's "genocide" when they can't go into womens toilets or sports.

    This law has been created to pander to them, the interpretation of the law - what consitutes incitement etc - will likely pander to them also.




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


    Said poster has said in the past that trans lobbies not getting their way with everything, is tantamount to the erasure of trans people. The disingenuous stuff we've to deal with on here is honestly absurd.

    “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: 33,330 ✭✭✭✭Princess Consuela Bananahammock


    They're not violence and yes, there are a few extremists, but that doesn't mean it's representative.

    Misgendering and deadnaming to make a point are dick moves though, to be fair. If someone what's to be called Steph insteda of Steve, so what? Even if you believe there are two genders, why is it the hill you want to pick a fight on?

    Everything I don't like is either woke or fascist - possibly both - pick one.



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


    why is it the hill you want to pick a fight on?

    There's no finer hill to die on than the hill of reality.

    “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: 1,451 ✭✭✭TokTik


    How do you define gender though, that is the point i'm making. I could be misgendering myself if there is a certain definition of gender. We never hear what gender actually is, bar a "feeling". How can a law be based on a feeling?



  • Registered Users Posts: 7,602 ✭✭✭suvigirl


    Well the gender recognition act 2015 allows anyone to apply for a certificate for their preferred gender. That's based on their feelings



  • Registered Users Posts: 1,451 ✭✭✭TokTik


    Nope. That act only applies to male/female.

    As per the application form,

    https://www.gov.ie/pdf/?file=https://assets.gov.ie/38300/3f615ebf110d42e8a1b591385bb9dc7d.pdf#page=null

    "I do solemnly and sincerely declare that I

    (i)

    have a settled and solemn intention to live in the preferred gender of male/female (delete as appropriate) for the rest of my life."



  • Registered Users Posts: 7,602 ✭✭✭suvigirl


    Yes, based on feelings.

    You asked how can a law be based on feelings. Well there's one right there.



  • Registered Users Posts: 1,451 ✭✭✭TokTik


    But my question remains, what is a gender. No one can answer it. There's been deflections, accusations, tantrums, pretty much anything but an answer anytime I've asked this question online or in real life.



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  • Registered Users Posts: 33,330 ✭✭✭✭Princess Consuela Bananahammock


    Yeah, misgendering happens - accidentally. It's when you do it deliberatly that consistantly that it's an issue. Like I said, not violent (not even sure it should be a crime) but definitly a dick move as I and disrespectrful.

    How do I define gender? A social construct that allows for the defintion of femnine or masculine characteristics by an individual. I've never heard it defined officially as a "feeling". You can base your choice on feelings, but not the definition.

    Everything I don't like is either woke or fascist - possibly both - pick one.



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