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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: 11,451 ✭✭✭✭Frank Bullitt


    The Bible doesn't have to be a legal document for it to be used as a reason for someone thinking or behaving a certain way though. People use it to inform their morals and way of life the world over, I don't agree with that but that is how they see it. As it related to homosexuality, the church as held a stance that is immoral and against natural law, it's been seen as a disorder as well. That is what their Bible teaches them, is that Hate Speech in your eyes?

    On the second point, it was a generic comment as to what certain churches the world over have said towards gay people. If as you say that is discrimination, then this legislation isn't needed. We agree on that.

    Legally speaking, if someone were to stand on a street and say that homosexuals are all evil and should not be afforded the same rights as others, with this legislation that could be a crime. I do not agree with what they are saying, but I disagree more with taking away their right to say it.

    And finally, if someone were to say that, Prohibition of Incitement to Hatred Act 1989 would have that covered. So this legislation doesn't apply, yet again.



  • Registered Users Posts: 33,329 ✭✭✭✭Princess Consuela Bananahammock


    The Bible DOES need to be a legal document if someone's going to be using it as a legal defense though, which is the potential scenario I assume you were referring to. Using it as a reference to a viewpoint; yes, fine - but then that's not a legal question. Not until the viewpoint is expressed.

    On the second point, I know (which is why I elaborated) and yes, agreed.

    If someone were to stand on a street and say any group is evil is hate speech. Whether or not it should be banned is not the argument I made: the argument I made is that, if I was to do that, I'd make sure my legal argument was sound before I did it. And THAT'S why I'm not worried: not because of what I think or say, but because I'm only going to express it if I have a legally sound case to back it up.

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



  • Registered Users Posts: 33,329 ✭✭✭✭Princess Consuela Bananahammock


    The use of religion as a defense is never going to work: freedom of expression of religion has limits, as Enoch Burke is finding out.

    Law trumps religion every time, at least in this country.

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



  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    Well then you are only really think of yourself in this, and this legislation won't just effect you, will it?

    The Bible doesn't have to be a legal document at all, citizens are given the right to religious freedom under the Irish Constitution. You can also swear on a Bible in a court of law if you are giving evidence (you can opt out of this also).

    Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen

    So the Bible doesn't need to be a legal document in the slightest, a citizen under Irish law has the right to religious expression. That can be the grounds for them to say what they want and also the grounds for the defence if it got to that stage.

    Again though, I very much doubt your simplistic view of "If someone were to stand on a street and say any group is evil is hate speech." I very much suspect your own biases would change that if it were you on the other end of someones discourse, and they accused you of hate speech in return. Saying something in a public street can equally be ignored, someones freedom of speech if your freedom to ignore.



  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    Enoch Burkes case has nothing to do with his freedom of religious expression. He is in jail because of his behaviour, not his beliefs.



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  • Registered Users Posts: 33,329 ✭✭✭✭Princess Consuela Bananahammock


    None of this challenges my point: if you are a defendant in court, using religious expression or the Bible is not going to be accepted as a defense. It's not absolute.

    I've already addressed everything you said in your last paragraph: accusing me of something is one thing, getting me convicted is something else - and there's no way they're going to get a conviction. Not unless I'm either very careless or very stupid.

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



  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    It can be accepted as a defence though, it doesn't need to be absolute either, no law or reason for an offence ever is. If it were, then the court system would run fluidly, and it doesn't. Again, freedom to practice religion is part of the Irish Statute, if someone says in public "I believe all homosexuals live in sin and will burn in hell", their right to say that is protected, as it should be. I don't agree with what they might say, but they shouldn't be stopped from saying it. I fail to see that has hate speech either, seeing as there is no evidence for hell. And it they were to say "all gays should be killed", that is already illegal under the 1989 act.

    How exactly do you know there won't be a conviction? Based on you thinking that your views are safe from being viewed as hateful? You have to be quite naïve to think that your views are free of any sin here, and that only those who oppose yours could be seen as hateful.



  • Registered Users Posts: 33,329 ✭✭✭✭Princess Consuela Bananahammock


    But again, this doesn't challenge my point: either "I believe all homosexuals live in sin and will burn in hell" is not hate and doesn't need a defense, or is hate and will need a better defense than the Bible. And just to be clear, I'm not saying it is/isn't illegal or should/shouldn't be.

    I never said they were of "sin", I'm saying they aren't going to be viewed as hate. They might be viewed as offensive an individual, but I couldn't give a **** about that. Let them. Doesn't mean I'm automatically going to be prosecuted. My point is; I know the law, I know my viewpoint and I can argue my case.

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



  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    It might not be hate to you though, that is my point, which you are either ignoring or not getting. You aren't seeing the forest from the trees here at all, the fact that you say that that statement might be or might not be hate shows my point exactly, it is totally open to how someone might interpret what someone is saying, and that could land them in legal trouble.

    I never said they were of "sin", I'm saying they aren't going to be viewed as hate.

    Again, how do you know that? How can you possibly know what someone might view as hate when it is totally in the eyes of the beholder. And yet again, this law isn't about you, it is about a country and people can and can't say. Try broaden your horizons here a bit.



  • 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: 11,451 ✭✭✭✭Frank Bullitt


    What??? I have the bill open and have read it, there is nothing about exemptions.

    Plus, how the hell would you provide exemptions for religion, on what grounds exactly? We have 2 posters here saying that religion has limits when it comes to expression, and another now saying there are exemptions in this bill.

    This thread is a clown show.



  • Registered Users Posts: 33,329 ✭✭✭✭Princess Consuela Bananahammock


    First paragrpah - again - not challenging my point. I clearly said that I wasn't saying something is/isn't/should be/shouldn't be the law.

    Second - my mad, misread your post.

    Third - also again - you seem to think "somebody might view as hate" automatically means "you're going to be convicted of hate!" - not the case. How many times do I have to say that there is a legal process and legal steps between complaint and conviction? People can complain about me as much as they want - they probably do - but that doesn't mean anyone is going to listen. You honestly come across as someone who thinks that every time someone walks in to a police station and says "I was offended!" the result is going to be an automatic conviction.

    And no, this law is not about me. But neither is other peoples' opinions and how the express them, so what's you point?

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



  • Registered Users Posts: 33,329 ✭✭✭✭Princess Consuela Bananahammock


    Maybe, don't know. I'm pretty much athiest, so I wouldn't be useing religion as a defense. I'd going to use logic and informed research.

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



  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    And again, you are focusing on you and your behaviour here.

    How you can’t see that someone can even complain about what someone might say to the police is wild to me. I am not saying that there will be a conviction, I haven’t even tried to say that. But the fact that you say that someone could walk into a police station to complain about someone’s opinion…never mind the conviction (you’d hope that’s not the case), but to waste Garda time by saying “this person said this, and I want to complain”, great use of Garda resources there.

    This law is exactly about other people’s opinions and how they can express them. You can feel free to ignore all you want, not everyone will do that, and you well know that as well.



  • Registered Users Posts: 33,329 ✭✭✭✭Princess Consuela Bananahammock


    And again, you are focusing on you and your behaviour here.

    Of course I am - that's been my point all along...? My behaviour in protecting myself.


    Rest of your post I've already addressed more than once:

    • they can complain all they want - they can make a complaint right now if they want: nothing stopping them;
    • I'm not responsible for what other people say or don't say or how they protect themselves. I am free to ignore and I choose to ignore - why wouldn't I?

    That said, I'd advise people to fact check before speaking/writing and avoid dodgy news sites, but whether or not they do so is up to them. I have neither the right nor desire to force them.

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



  • 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


    OK. I'm just advising you of facts.

    This is the text of the bill I am referring to

    In any proceedings for an offence under this section, it shall be a defence to prove that the material concerned or, insofar as appropriate, the behaviour concerned consisted solely of— (a) a reasonable and genuine contribution to literary, artistic, political, scientific, religious or academic discourse,

    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: 33,329 ✭✭✭✭Princess Consuela Bananahammock



    This is kind of my point to Frank - if you can back it up (or if it's art, apparently - good to know!) you've got a defence. But if you can't - and that may well be the case if your source is biased or unregulated like Twitter, then you're far more likely to be in trouble. Whether ot not that means you can use the Bible to spout hate is still unclear: saying the Bible or your religion says so is one thing, being challenged to find a specific passage is different.

    And I'm not sure even the Catholic Church sees homosexuality as anything beyond sinful at the moment.

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



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


    This was pointed out to you, by me already. You just ignore reasonable posters pointing out solutions to your issues.

    read part 2 of the Bill



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  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    I’ve no clue what your point is then, or if you are in favour of this legislation or not. I was focusing on how you were only thinking of your own actions when this law doesn’t just effect you, but again you seem happy enough to just think of you and your rights, not others.



  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    Nope, nothing to do with religious exceptions. You are talking absolute horseshiit here. As you generally do.



  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    Show me, and everyone, where the words religious exemptions are being made, go ahead…I’ll wait.



  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    You really think that provides exemptions for religion? I hope for all our sakes you are not a solicitor.

    Just remember, you claimed religions have exemptions in the bill, this text does not even come close to saying that.



  • Registered Users Posts: 33,329 ✭✭✭✭Princess Consuela Bananahammock


    You exactly what my point it, you just don't want to admit it. I've written it four or five times and you're not stupid.

    I can only be responsible for me and what I saw or do. I can not and do not want to be responsible for others, I really don't know why you think I should.

    Please don't reply unless you want to challenge the points I actually made.

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



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


    I'm beginning to think that you're not even reading the correct bill!

    Section 7(3) of the proposed bill



  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    There is no point. I don’t think you understand how laws impact a society which you are part of, maybe you do and you are just ignorant of that.

    Let’s leave it there, we aren’t solving (we’re we ever?).



  • Registered Users Posts: 11,451 ✭✭✭✭Frank Bullitt


    Christ.

    Point where it says there are religious exemptions please. Take your time. How is pro ring a defence an exemption…do your best to explain that.



  • Registered Users Posts: 33,329 ✭✭✭✭Princess Consuela Bananahammock


    Not honestly sure if that was or wsan't your intention.

    I'm just pointing out my stance - seemed to make you angry for some reason.

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



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


    A 'defence' to a crime means a crime wasn't committed. That's an exception/exemption to the rule, if you like.

    Self defence is a defence to assault, meaning no offence was committed. ( Sec 18 non fatal offences against the person act)

    Criminal damage is not committed if certain circumstances are present, the offender thought he had permission etc (sec 6 (2) criminal damage act)

    just 2 examples of exceptions/exemptions/defences

    There are defences to every crime, exceptions, which mean no crime has taken place. every piece of legislation has them, to not is unconstitutional.

    Post edited by suvigirl on


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