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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: 7,606 ✭✭✭suvigirl


    But it is for the courts to decide.

    It is defined as much as ruining someone's reputation. You believe that's obvious, in the same way people believe it's obvious what incitement to hatred is.

    your hypothetical example, is based on nothing except what is in your head!



  • Registered Users Posts: 11,452 ✭✭✭✭Frank Bullitt


    It’s not defined, my hypothetical is from the real world, usually the first to call the hate speech police are the religious.

    Again, hate speech under this legislation is not defined like defamation is, because it can’t be.

    If it is so obvious, as you claim, give an example, don’t run and hide now, a proper example that could be defined in law. Try to think beyond your own world as well.



  • Registered Users Posts: 7,606 ✭✭✭suvigirl


    A proper example of what exactly?

    What do you mean think beyond my own world?



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


    Not all hate speech is incitement to hatred

    The bill is about prohibiting incitement to hatred not prohibiting hate speech

    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


    Why?

    If someone repeatedly calls for all Jews to be murdered and executed who wouldn't that be 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: 11,452 ✭✭✭✭Frank Bullitt


    Give an example of hate speech, you seem to believe it’s easy to define, like defamation, so fire away.

    Outside of your own world = “what I say would never be hate speech because I am morally right”, in other words just imagine someone else’s opinion that might differ from yours.

    But an example of hate speech, please.



  • Posts: 0 [Deleted User]


    Precisely.

    "Hate" is subjective; it cannot be objectively established. It's what someone personally feels about themselves. By way of example, you could have two gay people, both of whom receive the same homophobic slur. One might take it as an act of hate, whereas the other lets it slide like water off a duck's back.

    "Defamation" is not subjective; it can be demonstrated that the statement was a lie; and that it constituted reputational harm off the back of that lie.

    Legislation should as much as possible lean toward laws that have an objective basis.



  • Registered Users Posts: 11,452 ✭✭✭✭Frank Bullitt


    Again, you’re parroting the same line in the hope we won’t notice.

    Speech is covered in this bill, black and white.

    Reminder:

    Read is slowly, if you must.



  • Registered Users Posts: 7,606 ✭✭✭suvigirl


    Surely this is simple, incitement to hatred is not difficult to understand?

    Say someone calls for all asylum seekers to be burnt out of their accommodation, fairly obvious that is incitement to hatred is it not?I

    Now, do you think the authorities and courts in this country are capable of deciding what is or is not incitement to hatred?



  • Registered Users Posts: 11,452 ✭✭✭✭Frank Bullitt


    So you are saying that some hate speech can incite something, but not all…very well defined.

    Would you then have the Muslims in the world punished for example, who call for the deaths of journalists who publish pictures or stories about Islam? What would be your suggestion then?



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  • Registered Users Posts: 7,606 ✭✭✭suvigirl


    Defamation is when someone reputation is ruined, that is subjective, the courts have to decide whether or not it is actually the case.

    Do you believe the courts can decide such things?



  • Registered Users Posts: 11,452 ✭✭✭✭Frank Bullitt


    Agreed.

    Those in favour of this legislation simply don’t like what they hear, and the best course for them is to have others silenced and be smug.

    Ironically, a lot of what they say themselves in other threads could be “hate speech” under this legislation. Hilariously ironic.



  • Registered Users Posts: 261 ✭✭Fox Tail


    It is for the courts to decide, but the poster is correct in that there is contention and subjectivity attached.

    Religion is a good example.

    One person may denounce a particular religion because they dont believe in God, but a follower may take offence and call that person out for hate speech.

    If a court then find in the favour of the religious person, there could be real repercussions for the denouncer. A person that was in effect, expressing a perfectly logical view that is impossible to disprove.

    Now, if the denouncer was singling out the followers and saying they were all bad people for following the religion, that would seem more apt to be treated as hate speech.

    But there are grey areas and a fear of falling foul of those grey areas can very quickly stop people expressing their true and honest opinions. Including opinions that are not hate based at all.

    I dont like the idea of a society in which a person thinks, "Could i get into trouble for saying this, even though I KNOW I mean no harm to anyone. Therefore, I am just not going to say anything."

    *Whether I say it or not, I am still going to think it.*

    Its the last part that is the most dangerous outcome.

    People wont change their opinions just because you stop them saying something by threatening them.

    But they are more likely to become disenfranchised from society and more likley to veer towards extremism, if they feel that a conversation cannot take place.



  • Registered Users Posts: 7,606 ✭✭✭suvigirl


    Could you give an example of those posts you feel are hate speech?



  • Registered Users Posts: 28,839 ✭✭✭✭_Kaiser_


    The bottom line is that this legislation proposes to introduce penalties for hurt feelings - feelings which are subjective and vary from individual to individual.

    Where the standard of complaint is "I don't like what they said" or "I was hurt by their opinion", and the only evidence is "yes we think that their statement could have been hurtful to that person" or "yes we think/assume that they meant to do it"

    If you support this legislation, you're essentially saying that feelings matter more than facts, which is a concept that should NEVER enter into a courtroom or justice system as a whole - yet that is what McEntee and her fans here are advocating.

    That's the reality of this. All the repeated back-n-forth bad-faith posturing from the same handful of posters, demands for evidence/links to distract from this and so on won't change it. FFS even references to Nazi Germany have been used to try and deflect from this uncomfortable truth!

    It's complete and ridiculous nonsense from a Minister so out of her depth and unqualified it's dangerous, and a Government using it to deflect from the far more real and serious issues it's failing on.



  • Registered Users Posts: 7,606 ✭✭✭suvigirl


    I don't believe that an opinion such as non belief in God, would ever be found as incitement to hatred by the courts. An honestly held opinion, without anything else, is not incitement to hatred.

    Calling for violence or death against all members of a certain religion however, can clearly be seen as incitement to hatred.

    Surely people can tell the difference!



  • Registered Users Posts: 11,452 ✭✭✭✭Frank Bullitt


    That’s already covered under the 1989 act. If you want to use extreme examples like this (where there is a law for it already), try use one that makes sense.

    So we have existing legislation, but saying and doing are not the same as I am sure you’re aware.

    Example for you then, a priest says that all homosexuals must be cast out as they live in sin, and how it’s written in the bible. Would you have that priest arrested and the bible banned from shops?



  • Registered Users Posts: 11,452 ✭✭✭✭Frank Bullitt


    I didn’t say I felt they were hate speech, I said it could be interpreted that way by someone. Read carefully.



  • Registered Users Posts: 261 ✭✭Fox Tail


    They are your clear cut, outlier cases. Its the grey in the middle that threatens free speech.



  • Registered Users Posts: 11,452 ✭✭✭✭Frank Bullitt


    Very well said, it’s the grey areas of this that pose the greatest threat to discourse, of any kind.



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  • Registered Users Posts: 261 ✭✭Fox Tail


    Yes. Sad really that some people dont see this as a risk to society and our freedoms.



  • Registered Users Posts: 7,606 ✭✭✭suvigirl




  • Registered Users Posts: 11,452 ✭✭✭✭Frank Bullitt


    By your own definition and examples given, that’s hate speech. Someone else then, reports this priest for hate speech, would you agree with that?



  • Registered Users Posts: 7,606 ✭✭✭suvigirl


    The grey middle being what exactly? Do you not believe our authorities and courts can decide what is in fact incitement to hatred or just obnoxious behaviour/words?



  • Registered Users Posts: 7,606 ✭✭✭suvigirl


    Well can.you.give an.example of those posts that you feel could be interpreted as.such?



  • Registered Users Posts: 7,606 ✭✭✭suvigirl


    I haven't given any examples of hate speech.

    And calling for someone 'to be cast out ' doesn't incite violence does it?



  • Registered Users Posts: 11,452 ✭✭✭✭Frank Bullitt




  • Registered Users Posts: 11,452 ✭✭✭✭Frank Bullitt


    How do you know that? You know how someone might “think” or “feel”? That is some stretch for anyone to make.

    And casting someone out could well be taken as hate speech under this legislation. It’s open ended that way.

    Are you beginning to see the problems yet?



  • Registered Users Posts: 34,821 ✭✭✭✭o1s1n
    Master of the Universe


    Whether you agree with this legislation or not, there is so much variation even in this thread as to how 'hate speech' and 'incitement to hatred' are defined that I am amazed anyone would read it and think it's a good idea.



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  • Registered Users Posts: 5,930 ✭✭✭Cordell


    Yes that's the problem with these type of anti-hurt-feeling laws, they are too open ended. And until the DPP or the trial decides that there was no crime you get dragged to jail in cuffs like that 16 y.o. girl in UK. Or even worse, you get a criminal conviction for hurting feelings, while the real criminals are free with 100 suspended sentences. And even if you just get a suspended sentence, that's a very big deal, potentially career ending, for many people.



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