Freedom Of Speech in Ireland/Hate Speech

squitely

I am curious about the legal situation regarding free speech and incitement to hatred in Ireland.

Does an Irish publisher have a legal responsibility to remove racist material from its content? Can a publisher deliberately publish racist material in Ireland?

If someone was publishing racist material, can they be sued under any current legislation?

I know that in the USA, you have the absolute right to free speech, whilst in the UK there are limits set to prevent racial hatred, incitement to hatred etc.

Thanks

ResearchWill

squitely wrote: »

I am curious about the legal situation regarding free speech and incitement to hatred in Ireland.

Does an Irish publisher have a legal responsibility to remove racist material from its content? Can a publisher deliberately publish racist material in Ireland?

If someone was publishing racist material, can they be sued under any current legislation?

I know that in the USA, you have the absolute right to free speech, whilst in the UK there are limits set to prevent racial hatred, incitement to hatred etc.

Thanks

The Prohibition of Incitement To Hatred Act, 1989, may cover it, Section 2


Actions likely to stir up hatred.

2.—(1) It shall be an offence for a person—

(a) to publish or distribute written material,

(b) to use words, behave or display written material—

(i) in any place other than inside a private residence, or

(ii) inside a private residence so that the words, behaviour or material are heard or seen by persons outside the residence,

or

(c) to distribute, show or play a recording of visual images or sounds,

if the written material, words, behaviour, visual images or sounds, as the case may be, are threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred.

(2) (a) In proceedings for an offence under subsection (1), if the accused person is not shown to have intended to stir up hatred, it shall be a defence for him to prove that he was not aware of the content of the material or recording concerned and did not suspect, and had no reason to suspect, that the material or recording was threatening, abusive or insulting.

(b) In proceedings for an offence under subsection (1) (b), it shall be a defence for the accused person—

(i) to prove that he was inside a private residence at the relevant time and had no reason to believe that the words, behaviour or material concerned would be heard or seen by a person outside the residence, or

(ii) if he is not shown to have intended to stir up hatred, to prove that he did not intend the words, behaviour or material concerned to be, and was not aware that they might be, threatening, abusive or insulting.

(3) In this section “private residence” means any structure (including a tent, caravan, vehicle, vessel or other temporary or moveable structure) or part of such a structure used as a dwelling but does not include any part not so used or any part in which a public meeting is being held; and in this definition “public meeting” means a meeting at which the public are entitled to be present, on payment or otherwise and as of right or by virtue of an express or implied permission.

Act can be found here http://www.irishstatutebook.ie/1989/en/act/pub/0019/index.html

squitely

And if you believe that someone has offended as per that legislation, then who do you go to? Your solicitor, the Gardai ?

ResearchWill

squitely wrote: »

And if you believe that someone has offended as per that legislation, then who do you go to? Your solicitor, the Gardai ?

As the act is criminal in Nature more than likely the Gardai. But no harm going to solicitor to get advice.

NoQuarter

As far as I know there have been only 4 cases in Ireland under this act and only 1 of them successful. Publishing racist material is not enough, you have to actually be trying to incite others to it too.

There was a case where a bus driver called a passenger a "nig-nog" and wasnt guilty under the act but the successful case was where someone said soething along the lines of "all black people should be hung" or something to that effect.

Finnbar01

I think there was a case in Limerick a while back. Something to do with the white wolves or celtic wolves or something like that.

Carawaystick

How is hatred defined in the act (or in law)?

I presume the bar is set a wee bit higher than the standard in Wexford where "I hates that, lad" would be a common phrase.

NoQuarter

Carawaystick wrote: »

How is hatred defined in the act (or in law)?

I presume the bar is set a wee bit higher than the standard in Wexford where "I hates that, lad" would be a common phrase.

The definitions are usually found in section 1 of whatever act it is:

“hatred” means hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation;