Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

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

Options
1133134136138139143

Comments

  • Registered Users Posts: 11,450 ✭✭✭✭Frank Bullitt


    I posted the definition hatred from An Garda Siochana, the EU, the COE, And the UN already in the thread, maybe you missed them, they're still there if you wish to go back and see them.

    Hate to break it to you, these are not from An Garda Siochana, the EU, the COE, like you claimed.

    Do you think these definitions are valid here? Good lord.



  • Registered Users Posts: 51,754 ✭✭✭✭tayto lover


    So one man's hatred is another man's joke.



  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    What? Did you not bother reading the links to the definitions in the original post? I can't help you anymore if you don't bother to read them. For the second time.



  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 76,133 Admin ✭✭✭✭✭Beasty


    Frank Bullitt threadbanned



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


    Traveller and Roma NGO Pavee Point were in front of the Oireachtas the other day. Gabi Muntean, a Roma woman called for the Hate Speech law to proceed through the Seanad "as quickly as possible" to deal with “far-right” discrimination and racism. "People need to be held [to] account" the irony of that.

    “It’s also important to remember that, for example, if a Traveller is attacked on a street for being a Traveller, the psychological harm can run much deeper than if someone is mugged at random for their wallet,”

    The lived experience of the majority of Ireland has been both psychological and physical as a result of these minorities, so both groups playing the victim aren't going to convince anyone. It's infuriating.



  • Advertisement
  • Registered Users Posts: 753 ✭✭✭concerned_tenant


    the psychological harm can run much deeper than if someone is mugged at random for their wallet…

    The sheer arrogance of this statement, almost spoken ex cathedra — that she knows best about how everyone experiences harm.



  • Registered Users Posts: 900 ✭✭✭gym_imposter


    You'd either want to be suicidal or john wick to attack a traveller



  • Registered Users Posts: 7,345 ✭✭✭volchitsa


    For a start it limits the legislation

    Isn't that exactly what legislation should do? Otherwise you're giving the justice system the right to make the law, rather than clarifying something that is unclear.

    Not the same thing at all as legislators deliberately writing unclear law which the judges can then extend as far as they decide to. Because that would mean that you could commit a crime without it being a crime at the time, only later when the judge decides so when you're up in court.

    The usual rule is https://en.wikipedia.org/wiki/Everything_which_is_not_forbidden_is_allowed

    but if it's not clear what is forbidden because the words are not defined and can be redefined as and when a judge decides,, that's not the rule of law at all.



  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    Not really, the word is hatred/hate it's not a free for all.

    We live in a common law jurisdiction, we have judge made law as part of our system as it is.

    There are many instances where something isn't defined precisely in legislation, but it works.



  • Registered Users Posts: 7,345 ✭✭✭volchitsa


    None of those justify failing to write law as clearly as possible. Case law arises because of previous gaps or failings in the law. It's not a reason to write bad law - and it's certainly not a reason for legislators to knowingly hand over to judges the right to define the law as the judges decide.

    It's particularly problematic when the thing that is banned is not an act, but a feeling.



  • Advertisement
  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    But it is as clear as possible, hate and hatred are everyday words, known I would think to most people. And there are definitions a plenty should the DPP or the courts have some problem deciding what is 'hatred'

    A poster brought up the Non Fatal Offences act earlier, a good example 'harm' is defined as 'harm to body or mind and includes pain and unconsciousness '

    Another poster had an issue with any of the definitions of hatred that were supplied in thread, because they contain the word 'hatred'

    It hasn't caused any issues with the Non Fatal Offences



  • Registered Users Posts: 753 ✭✭✭concerned_tenant


    Hate and hatred mean that words become criminalized.

    No actual harm to another person, apart from perceived harm (personal offense), is caused.

    People should be free to actively dislike other people (the meaning of hate). For instance, many people intensely dislike — even hate — the far-right in this country. Should speech that targets the far-right also be considered hate speech?

    See how this works?

    When you start criminalizing words, it creates a terrible precedent that can be used against the proponents of the legislation itself, at some point in the future. It also creates a slippery slope; what other words and phrases will not be permitted in the future?

    Other cases in which words become criminalized are cases of libel and slander. But in these cases there is more than personal offense at risk; there is reputational and financial damage — which crosses a far larger threshold than personal offense. Inciting violence is already a crime, too.

    This part of the legislation is therefore wholly redundant. Its only reason to exist is for it to be abused and/or to stifle expression of certain types of speech.

    Keep the good part, the incitement to violence aspect — the part where real, actual harm is caused.

    The police have better things to be doing than surveying personal offense in society.



  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    Non Fatal Offences Against the Person Act, section 1,

    ' Harm ' means harm to body or mind.

    Like words.

    And there is no offence of slander or libel. It's defamation.

    'defamatory statement” means a statement that tends to injure a person’s reputation in the eyes of reasonable members of society, and “defamatory” shall be construed accordingly.

    Fairly open definition there.



  • Registered Users Posts: 7,345 ✭✭✭volchitsa


    Irish law on defamation is not particularly good law compared to many democratic countries which respect the right to freedom of expression better than we do. Our history of repeated media failure to investigate various scandals is a consequence of this.

    Our legislators have a proven track record of badly-written laws generally - the Protection of Life Act being one particularly badly written one.

    The failings of this particular bill have been pointed out in advance. They're not even hard to see.

    So previous poorly-written laws are not good evidence that yet another badly-written law will be grand. You need to point out why this particular law is well-written, not just show that the country hasn't actually collapsed due to previous poor performance from our legislation. That is a very low bar to satisfy oneself with.



  • Registered Users Posts: 753 ✭✭✭concerned_tenant


    Libel and slander are both forms of defamation.

    That aside, I'm not sure how your post rebuts any of the points I actually did make.



  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    No. They do not exist in this jurisdiction, don't know what jurisdiction you're in. It is just defamation.

    Of course they rebut your argument. 'Harm ' is harm to body and mind. Words, in other words🙄



  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    The right to freedom of expression is protected in our constitution, Article 40.6

    It is also protected under Article 10 of the ECHR.

    Pretty sure that it is well respected.

    also the defamation Act itself has numerous defences under part 3

    https://www.irishstatutebook.ie/eli/2009/act/31/enacted/en/print#part3



  • Registered Users Posts: 753 ✭✭✭concerned_tenant


    It doesn't matter what legal words we apply; defamation in both speech (slander) and writing (libel) exists in this country.

    Leaving that to one side, the wider relevant point concerning this legislation has gone unopposed — namely, that there is no added value to attaching laws on undefined hatred into the legislation on incitement to violence.

    As a question, do you think it is acceptable to have public statements of extreme dislike (hatred) against far-right groups and individuals involved in those groups?



  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    Yes, let's leave aside the facts and that you linked to a US website, with completely different legislation to Ireland.

    Defamation exists, full stop.

    If, as you say, actual legal words don't matter, I fail to see your issue with actual understood word, such as hatred.



  • Registered Users Posts: 753 ✭✭✭concerned_tenant


    On the question I asked regarding the actual legislation, I'd be interested to hear your thoughts on it:

    As a question, do you think it is acceptable to have public statements of extreme dislike (hatred) against far-right groups and individuals involved in those groups?



  • Advertisement
  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    statements of dislike against far right groups?

    Well, statements of dislike are not hate crime, against any groups. They are opinions.

    And far right groups are a political grouping, politics is not a protected characteristic.



  • Registered Users Posts: 753 ✭✭✭concerned_tenant


    I'm aware they are not a protected characteristic, and I was referring to public expressions of extreme dislike - by which I mean unambiguous statements of hate or hatred.

    So just to reiterate, despite those groups not being a protected characteristic, do you believe statements of hatred against them and their members in society is acceptable, or even to be welcomed?



  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    You're asking me if people should be allowed to have opinions on others?

    Nothing whatsoever to do with the proposed legislation this thread is about.



  • Registered Users Posts: 753 ✭✭✭concerned_tenant


    No, that wasn't my question at all.

    The question is absolutely relevant because it cuts to the core of what it means to have "hatred" in legislation.

    My example undermines your whole position. That's why it has gone unanswered.



  • Registered Users Posts: 7,345 ✭✭✭volchitsa


    What about religion then? That's protected. But I know someone who's often expressed to anyone who will listen how much he "hates those F-ing priests", and the catholic church in general (he had a rough time at a Christian Brothers school).

    So once the law passes, wouldn't that be banned? What if some little old lady - or indeed a proest - is offended by it?

    And do you think it's a good thing for that sort of "hate" comment to be against the law, or is it an attack on his right to freedom of opinion and expression?



  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    Why would it be banned? You can hate whatever you want to hate. You can have an opinion. no-one is banning that.



  • Registered Users Posts: 753 ✭✭✭concerned_tenant


    If a priest stands up at his lectern in a church, saying to 300 people on a Sunday morning that homosexuality is a sin, unnatural etc.; the usual rubbish that you often hear from radical clerics — does that constitute hate speech, incitement to hate etc., in your view?



  • Registered Users Posts: 7,581 ✭✭✭suvigirl


    It is not incitement to hatred, under proposed legislation



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


    Hate and hatred mean that words become criminalized. 

    No it doesn’t. It never has, and certainly it’s not going to mean that in the proposed legislation which is intended to replace current legislation. It means that for the purposes of the Act in question, hatred is defined by the meaning within the Act. It’s right there, explained in the Interpretation:


    It doesn't matter what legal words we apply; 


    It matters a great deal what legal words you tried to apply, when they don’t apply in this jurisdiction, and the words that do apply, you’ve spent a considerable amount of time declaring that they shouldn’t, because their existence in Irish law impedes on a perceived right, which doesn’t exist outside the jurisdiction of your own mind!


    What about religion then? That's protected. But I know someone who's often expressed to anyone who will listen how much he "hates those F-ing priests", and the catholic church in general (he had a rough time at a Christian Brothers school).

    So once the law passes, wouldn't that be banned? What if some little old lady - or indeed a proest - is offended by it?

    Religion is the protected characteristic, it doesn’t suggest that religions are protected, nor does it suggest that anyone who criticises a religion would be liable to be charged with an offence under the Act. Religion existed in the current Act for 30 odd years and to the best of my knowledge, even for a short while when the offence of blasphemy was a thing (with a bizarre 35% voting to retain it in 2018), there had never been anyone charged with an offence on that ground, not even since blasphemy had been reintroduced into legislation in 2009. The closest anyone actually came to it in recent memory is actually RTE when they broadcast a sketch that made out God was being put on trial for rape:

    https://www.thejournal.ie/eamon-martin-rte-sketch-god-rape-5314469-Jan2021/

    But it was because the sketch wasn’t just offensive to anyone who was offended by it on the basis that they were either Catholic, a priest, or a little old lady, it was simply because it made light of the issue of rape, and skirted the line on the broadcasters freedom of expression so long as it wasn’t considered contrary to public order and morality.

    That sort of edgelord shyte is best confined to the shìttier corners of the internet. It’s not unreasonable to expect that the national broadcaster is expected to maintain higher standards.



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


    "I have made a decision": Harris has said the government will pass the bill before the next general election, saying it would be "very irresponsible" not to do so. arrogant pR*ck

    "I have made a decision"…and you are all guilty until we the government find you innocent."



Advertisement