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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: 532 ✭✭✭concerned_tenant


    The legislation is littered with subjective clauses — such as "perceived" hate, and so on.

    That subjectivity allows for people to decide for themselves whether they perceive hate, and so it leads to this absurd situation — now playing out in Scotland — where the sheer lack of objectivity means anyone can, for any perceived reason, seek to have their own case looked into.

    You can dismiss these cases as "frivolous or vexatious" but according to the law, these cases are considered valid.

    Though I agree with you that these cases should never be brought to the police to begin with. The best way to achieve that outcome is not to pass legislation strewn with subjective clauses.

    What's happening now in Scotland was entirely predictable. Let's not make the same mistake in this country.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



  • Registered Users Posts: 40,928 ✭✭✭✭Annasopra


    You can say what you want but you are still completely wrong in what you are saying. Facts matter. You are not saying facts.

    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: 532 ✭✭✭concerned_tenant


    Can you point out which specific parts of what I said were false — and why?

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



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


    Wait now a minute, we could nearly clear up all the source of confusion here if we can establish the facts.

    • perceived doesn’t mean the complainant has the authority to declare what does or doesn’t constitute an offence, that’s still the role of the Gardaí, who are an objective party
    • vexatious cases, by virtue of the fact that they are vexatious, are not considered valid, that’s why they are dismissed

    No, the best way to achieve that outcome is for people not to make vexatious complaints solely for the purposes of wasting police time and resources. That’s an offence in itself under different legislation in both Ireland and the UK already.

    It’s not been a mistake, and it has nothing to do with whether or not the legislation itself has been a success or failure. If the legislation does what it’s intended to do, then it’s a success. If the legislation doesn’t do what it’s intended to do, as is the case with current legislation in Ireland, then it’s a failure, which needs to be addressed. The proposed legislation is how Government are doing that. Social media just wasn’t a thing in Ireland when the 1989 legislation was enacted, and it couldn’t have been predicted then, which is why three decades later we’re getting round to addressing that failure, to bring our laws into line with every other EU member state. That’s why this legislation isn’t going away no matter how many times you declare it a failure or predict that it won’t happen.



  • Registered Users Posts: 1,012 ✭✭✭Jack Daw


    What is the tipping point between insulting some groups and inciting hatred of some groups? How do you define what hatred is?

    But as my post above suggested , I want the protected groups and characteristics changed , why should some subsections have protection against hatred under the law and others don't ,that seems quite discriminatory in my opinion



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  • Registered Users Posts: 532 ✭✭✭concerned_tenant


    Ultimately when you strip away the often misleading superimposed contexts of this legislation, it comes down to the following three things:

    • do people believe that holocaust denial (which is effectively history denial) should be illegal, as in Germany?
    • do people believe that subjective gender expression should be a "protected characteristic"?
    • do people believe that people's self-perception is a good basis for establishing hate crimes punishable under the law?

    As long as the answers to these three questions remain no, this legislation is dreadful, open to abuse, restricts speech, creates a chilling effect, and creates a precedent where language may be restricted further at some point in the future.

    I don't see any advantage, none.

    I fully support the existing and already effective 1989 legislation which does the job it is intended to do.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



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


    The tipping point is where the language used incites hatred towards an individual or group on the basis of any of the protected characteristics included in the legislation. Hatred, for the purposes of the legislation, is already defined. That’s why how anyone defines hatred is entirely their own business and nothing to do with how it is defined in Irish law for the purposes of the Act:

    “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;

    No groups have protection that others don’t? You want to have protection for specific groups and specific terminology prohibited, but all that would do is elevate particular groups over others, and I guarantee you nobody would be long coming up with alternative terminology to express exactly the same sentiment, rendering your changes meaningless and ineffective.



  • Registered Users Posts: 532 ✭✭✭concerned_tenant


    “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.

    You cannot have the definition of a word where the word is repeated in the definition. That's the very opposite of what a definition is supposed to achieve. We can conclude that "hatred" is undefined.

    It would be the equivalent of someone asking me to define the word chicken, and I started with the words, "Chicken means chicken…". It's self-evidently absurd.

    This is a particularly acute issue when it comes to legislation, and yet another reason why this legislation should be opposed.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



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


    You can, obviously, seeing as it’s already been done and has existed that way for the last 30 odd years! Hatred on its own is commonly understood, and it goes on to define what is meant by hatred for the purposes of the Act.

    There’s no issue with it, only the issue you’re trying to invent by making out that hatred isn’t defined. It’s legislation, not a dictionary.



  • Registered Users Posts: 532 ✭✭✭concerned_tenant


    The difference is that existing legislation does not lend itself toward subjectivity and self-perception in the way that this novel legislation hopes to effect.

    Combine hate speech laws with subjective self-perception of what is deemed "hateful" with an undefined meaning of "hatred" itself, and you have a toxic legislative cocktail right there.

    As I said, the existing legislation is more than sufficient to handle all necessary crimes in this domain.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



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  • Registered Users Posts: 6,571 ✭✭✭suvigirl


    Gender, race , nationality, are all protected characteristics.

    Fascist or far right are political ideologies, so you really think they should be protected? I can see no reason why, maybe you can?

    Refugees welcome, does not in anyway discriminate against Irish people. But you know that.



  • Registered Users Posts: 16,356 ✭✭✭✭sligeach


    That's a daft comparison and argument. You're name calling, I'm not calling anybody names here.

    "You’re the same kind of person who probably denounced (or still does) gay people"

    No. And you said that, not me.

    "I think a bigot is a bigot"

    If you want to continue with the name calling and call yourself out, go right ahead.



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


    Sure wasn’t I quoting existing legislation, which you say is fine and there’s no need to change it, and now you’re suggesting it should be changed because hatred is undefined? Would you make up your mind, which is it you want? This is existing legislation:

    “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;

    It doesn’t lend itself towards subjectivity any more than the proposed legislation lends itself towards subjectivity. The determination as to whether or not circumstances constitute an offence is a matter for Gardaí, who are an objective party.

    That’s how it operates when any kind of a complaint is made to Gardaí - the person making the complaint doesn’t have to be familiar with Irish legislation, the complainant just doesn’t have the authority to decide whether or not a crime has been committed, like you tried to do earlier in declaring a crime isn’t a crime because you say so.

    Were that actually the case, criminals could simply decide they haven’t committed a crime, regardless of what is written in Irish law. That kind of freeman nonsense has never worked in anyone’s favour.



  • Registered Users Posts: 2,103 ✭✭✭combat14


    the irish people want proper policing, housing, stronger borders, proper education and healthcare and good value for money on state projects and spending

    they have no interest in introducing subjective hate laws



  • Registered Users Posts: 1,012 ✭✭✭Jack Daw


    Hatred is defined in the text above as "hatred again a group of persons" .That is not really a helpful definition of hatred as it just says hatred is hatred.Can you define hatred without using the word hate? what hate means differs from person to person, what is the tipping point that pushes what a person says or writes into the territory of hatred?

    Fact is Ireland does not need this legislation, a better way to run a country would be to only involve the government and courts where they are really needed and not create pointless unnecessary legislation like this hate speech bill is.

    This bill is wishy washy nonsense and is charter for every crank in Ireland to make complaints.

    The government should spend their time trying to fix issues people actually care about like housing and immigration for example



  • Registered Users Posts: 1,012 ✭✭✭Jack Daw


    Gender has become meaningless these days (seeing as there are now hundreds of genders) .

    I would argue that as abhorrent as it is people should still be allowed to express racist thoughts and then you beat them by having a better argument and showing how stupid what they were saying is.Better to have idiotic thoughts out in the open and beating them with a better argument than allowing them to be quite in the shadows and building up without being challenged publicly.

    If people are being harassed by someone there are laws already to deal with that.



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


    Don’t be daft, I don’t care what you or anyone else does or doesn’t believe. The whole point of the legislation is simply that you keep your beliefs about other people to yourself, especially if you’re aware that they could constitute hate speech.

    You’re not an idiot, you know well what is meant by it, because if you didn’t, you wouldn’t try raising such piss poor arguments against it that are based upon nothing more than your subjective feelings about other people and groups in Irish society, the very thing the legislation is designed to address. Attempting to disguise your nonsense in flowery rhetoric doesn’t make it any less transparent.



  • Registered Users Posts: 6,571 ✭✭✭suvigirl


    council of Europe definition

    https://www.coe.int/en/web/freedom-expression/hate-speech

    hate speech is understood as all types of expression that incite, promote, spread or justify violence, hatred or discrimination against a person or group of persons, or that denigrates them, by reason of their real or attributed personal characteristics or status such as “race”,[2] colour, language, religion, nationality, national or ethnic origin, age, disability, sex, gender identity and sexual orientation. 

    AGS have a definition,

    https://www.garda.ie/en/crime/hate-crime/what-is-hate-crime-.html#:~:text=Any%20criminal%20offence%20which%20is%20perceived%20by%20the,colour%2C%20nationality%2C%20ethnicity%2C%20religion%2C%20sexual%20orientation%20or%20gender.

    Any criminal offence which is perceived by the victim or any other person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender.

    United Nations definition

    https://www.un.org/en/hate-speech/understanding-hate-speech/what-is-hate-speech#:~:text=Hate%20speech%20is%20%E2%80%9Cdiscriminatory%E2%80%9D%20%28biased%2C%20bigoted%20or%20intolerant%29,contemptuous%20or%20demeaning%29%20of%20an%20individual%20or%20group.

    EU

    https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/combatting-discrimination/racism-and-xenophobia/combating-hate-speech-and-hate-crime_en

    Hate motivated crime and speech are illegal under EU law. The 2008 Framework Decision on combating certain forms of expressions of racism and xenophobia requires the criminalisation of public incitement to violence or hatred based on race, colour, religion, descent or national or ethnic origin.

      https://www.rightsforpeace.org/hate-speech

    Hate Speech becomes a human rights violation if it incites discrimination, hostility or violence towards a person or a group defined by their race, religion, ethnicity or other factors.

     



  • Registered Users Posts: 6,571 ✭✭✭suvigirl


    In your opinion maybe. Everyone else knows what discrimination on the basis of gender means.



  • Registered Users Posts: 532 ✭✭✭concerned_tenant


    I quoted the existing legislation as well as the three additions that the new legislation seeks to include.

    There is a legitimate comparison to be made between the two, about how the 1989 legislation is more objective in approach and focusses on actual crime and less on thoughts / subjectivity / self-perception.

    You can dismiss this evidence-based assessment if you wish, but I would rather trust my sources in the legislation quoted rather than the superimposed and often deliberately misleading contexts we have seen, and continue to see, over the course of this thread.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



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


    You’re still missing the point that however anyone defines hatred, or that it differs from person to person, is irrelevant. It’s how it’s defined according to Irish law is the only thing that is relevant, and for the purposes of current legislation, that’s how it is defined, unless you want to change that, in which case your opinion that the proposed legislation is unnecessary, is simply contradicting yourself!

    Fact is that Ireland does need the legislation, because current legislation is ineffective, and we know that because there is plenty of evidence to support making the necessary changes to existing legislation - circumstances which are not covered by existing legislation. This IS only involving the Government and the Courts where they are needed, just not needed according to you, which is entirely subjective. However, based on the evidence and the facts which are objective, it has been demonstrated that the changes proposed in legislation are necessary. This stuff isn’t just done for the hell of it or to score points in culture wars or any of that shyte, it’s done because it’s been demonstrated that it’s necessary.

    Even if the amount of evidence didn’t already support the changes in Irish legislation, the evidence from how compulsive complainers have reacted to the Scottish legislation demonstrates the necessity of making these changes in Irish law - nobody likes their freedoms restricted, but it’s necessary in order to maintain public order.



  • Registered Users Posts: 1,012 ✭✭✭Jack Daw


    No we don't, we know what discrimination on the basis of sex is alright but gender these days has become meaningless.

    Post edited by Jack Daw on


  • Registered Users Posts: 40,928 ✭✭✭✭Annasopra


    It's up to the Gardai, DPP and courts to decide that tipping point.

    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: 6,571 ✭✭✭suvigirl


    Well then why are you asking for insults based on being male be made into hate speech then? If being male is meaningless.

    Of course, that's not he mention the ridiculousness of wanting an insult to be made criminal🙄



  • Registered Users Posts: 40,928 ✭✭✭✭Annasopra


    The example I gave before. A person calling for a trans person to be executed because they are trans. That is gender based discrimination.

    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: 1,012 ✭✭✭Jack Daw


    It is being done to score points by our politicians and the reason we know that is as soon as it became very obvious recently it was an unpopular piece of legislation they decided they didn't like it anymore.

    The legislations definition of hatred is nonsense though, I just showed that in one of my recent posts.

    How the hell will this help maintain public order? That type of argument is the sort of argument the communists and fascists in europe made in the past about censorship laws they introduced.



  • Registered Users Posts: 4,436 ✭✭✭Shoog


    You can be as racist as you like ( all it proves is your an asshole) but when it strays into calling for violence against a race you have strayed into hate crime. Its really not that subtle a distinction.



  • Registered Users Posts: 532 ✭✭✭concerned_tenant


    How many times.

    The 1989 legislation already exists to handle these cases.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



  • Registered Users Posts: 4,436 ✭✭✭Shoog


    Then please tell me why it is not been used against the people calling for all migrants to be murdered.



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  • Registered Users Posts: 6,571 ✭✭✭suvigirl


    Can you point out Where the existing legislation criminalises incitement to violence?



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