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

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Comments

  • Registered Users, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    Of course they have to make a statement! can't believe anyone would think otherwise



  • Posts: 0 Spencer Lazy Hoe


    Some people think it's ok to let people make false statements to the police you cannot disprove. It's silly because that's the opportunity this law creates. Almost nobody is on board with that.



  • Registered Users, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    I have no idea what this post is supposed to prove , people can and do make false statements about alleged crimes under many different laws. They can be prosecuted for it. No idea who thinks it's 'ok' it's a crime.

    Post edited by Boards.ie: Mike on


  • Posts: 0 Spencer Lazy Hoe


    You cannot disprove — and the key is in that word — someone's claim of perceived hatred, unless they admit to lying.



  • Registered Users, Registered Users 2 Posts: 6,632 ✭✭✭Shoog


    So what exactly is different with the way vexatious complaints are currently handled ?

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    So what? You cannot disprove anyones claim of perceived anything. Precisely because it's what they perceive.

    Fact remains it doesn't matter what they perceive, if there isn't a crime, there isn't a crime.

    Post edited by Boards.ie: Mike on


  • Posts: 0 Spencer Lazy Hoe


    Yes, you can disprove someone's claim of other offenses — such as burglaries and so on. We can identify objective, independent criteria that does not solely require what the complainant thinks between their two ears.

    This legislation defies that, allowing people to report on the basis their feelings are hurt (reframed as "they hate me, so I'll get revenge!").

    That's not right. It shouldn't be allowed, and this legislation is laughable because of it.



  • Registered Users, Registered Users 2 Posts: 6,632 ✭✭✭Shoog


    You want us to believe that hate is what you claim it is - but that is up to the Gardai and courts to decide - not you or me.

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    The legislation is nothing to do with hurt feelings. It's about incitement to hatred and violence.

    the fact that you thinkers about hurt feelings just shows you don't understand or haven't read it.

    And I hate to tell you, but no mostly you cannot disprove someone's claims, if someone really wants to pretend they were burgled, then no one will investigate them for lying, without a really good reason.

    Post edited by Boards.ie: Mike on


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  • Posts: 0 Spencer Lazy Hoe


    If someone makes a false or deliberately exaggerated claim of "hate" you cannot disprove, it is done to undermine an innocent person.

    I'm on the side of that innocent person, not the complainant's apparent right to complain. And, of course, wasting police time.

    You may want innocent people investigated off the back of insidious people, but I do not.

    This legislation allows that exploitation to take place, and it must be opposed.



  • Registered Users, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    Post edited by Boards.ie: Mike on


  • Posts: 0 Spencer Lazy Hoe


    I asked a question earlier to some other posters, but they couldn't find or know of, any examples.

    On the protected characteristic of gender, are there any examples in recent years you are aware of that would have violated this legislation if the legislation existed at the time the "incitement to hatred" comments were made?



  • Registered Users, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    Sure how would we know? There could be thousands! That's doubtful and im just being funny😊

    But how.could we know, because there was no legislation, therefore no crime, no investigations, no charges etc.

    Post edited by Boards.ie: Mike on


  • Posts: 0 Spencer Lazy Hoe


    There couldn't be thousands.

    Incitement to hatred on the basis of gender would be publicly available (the word in the 1989 and the 2022 legislation, "public" calls).

    If the country were awash with incitement to hatred, we'd know all the cases — because those cases would have been used to justify the legislation to begin with.

    Nobody knows of any cases because they don't exist.

    Including gender as a protected characteristic is hollow.



  • Registered Users, Registered Users 2 Posts: 41,140 ✭✭✭✭Annasopra


    😁Nobody is calling for nasty words to be criminalised.

    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, Registered Users 2 Posts: 41,140 ✭✭✭✭Annasopra


    The example I cited last week of the tweet calling to execute a trans woman because she is trans might possibly fall into that category, the documented death threats against the Former CEO of TENI might possibly fall info that category

    Post edited by Boards.ie: Mike on

    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, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    I said it was a joke🙄

    No, we wouldn't know, how could we possibly? Do you think that victims would be publicising them?

    we do have records of non crime hate incidents recorded by gardai, so.presumably some reported non crime incidents would indeed be crimes under new legislation.

    https://garda.ie/en/information-centre/statistics/hate-crime-statistics.html

    https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/press-releases/2023/march/an-garda-siochana-2022-hate-crime-data-and-related-discriminatory-motives.html

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 41,140 ✭✭✭✭Annasopra


    Again thats a REALLY silly reason to oppose law. Every law introduced has the potential for innocent people to be investigated. What you are effectively saying is you want to give into the bullys who might abuse the law.

    Post edited by Boards.ie: Mike on

    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, Registered Users 2 Posts: 52,807 ✭✭✭✭tayto lover


    You can be prosecuted for making a vexatious complaint i e accusing someone unlawfully. There is no vexatious complaint if someone makes up a complaint to get someone into trouble if this is brought in as all they have to say is '' i believed it offended me' even if they didn't believe it and made it deliberately to try and get the other person in trouble. You now cannot be prosecuted if you make up the excuse that you felt offended. How can you not get this?



  • Posts: 0 Spencer Lazy Hoe


    I specifically mentioned "incitement to hatred", not incitement to violence (as I already said that I am pro- any objective incitement to violence law).

    So no, this isn't an example of incitement to hatred.



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  • Registered Users, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    There is no offence of offending someone. That is not now, nor will it be an offence



  • Posts: 0 Spencer Lazy Hoe


    Self defence is an example, the person who assaults someone in what they believe to be self defence, is doing so subjectively.

    That's a dreadful comparison.

    In a legal case involving the self-defence argument, you can establish independent, objective criteria whereby an individual was a threat to the person and so the person could reasonably fight back in response.

    That's a world away from someone going to an online form and reporting someone on the basis that they feel someone hates them.



  • Registered Users, Registered Users 2 Posts: 52,807 ✭✭✭✭tayto lover


    Yet someone can make a baseless and false accusation without being prosecuted themselves. Topsy turvy flip flop.



  • Registered Users, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    Sorry you don't understand, self defence is entirely subjective.

    What a 5'2" woman feels is reasonable force, would not be the same as what a 6'2 man feels is reasonable force. And the law judges it subjectively based on that persons subjective feelings.

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl




  • Registered Users, Registered Users 2 Posts: 2,402 ✭✭✭combat14


    the man to bring in hate laws in scotland thinks that there are too many white scots in scotland apparently

    despite his vile racist anti scot rant and many many complaints he hasn't been arrested yet under scotlands new hate speech law

    the whole thing is a sham - is this the world where helen mcentee and simon harris taking us



  • Posts: 0 Spencer Lazy Hoe


    No, the case is adjudged from objective, independent criteria — did the assault take place? What evidence can we appeal to?

    Any subjectivity in the case is wrapped within the confines of layers of objective data. People don't enter court without evidence to justify the claim, objective evidence from which they argue their subjective perspective.

    I'm not for a moment suggesting that subjectivity does not exist in law in any capacity.

    What I'm saying is that this legislation offers someone carte blanche the opportunity to report someone without any objective criteria at all; without any means of disproving their case.

    The two examples could not be any more opposed.



  • Registered Users, Registered Users 2 Posts: 52,807 ✭✭✭✭tayto lover


    If you believe that then why do you want new legislation?



  • Registered Users, Registered Users 2 Posts: 41,140 ✭✭✭✭Annasopra


    Someone can do that right now. Big swing. Giving into bullys who might abuse the law isnt an excuse not to bring a law.

    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, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    No it is not.

    It is judged subjectively. Reasonable force is formed by a persons view of what they perceive the threat to be. That is how it is judged by the law in this country.

    Not at all opposed.

    Post edited by Boards.ie: Mike on


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  • Registered Users, Registered Users 2 Posts: 52,807 ✭✭✭✭tayto lover


    Same point yet again - why do we need new legislation then?



  • Registered Users, Registered Users 2 Posts: 9,988 ✭✭✭suvigirl


    People can take baseless accusations now, under lots of legislation. That's what I mean.



  • Registered Users, Registered Users 2 Posts: 52,807 ✭✭✭✭tayto lover


    So why do we need new legislation if it is covered already?



  • Posts: 0 Spencer Lazy Hoe


    The "someone can do that already" answer to the question of the risk of mass reporting misses the point (intentionally?) that it only has the force of law after the legislation has passed.

    Of course nobody would do it today, there is no incentive.

    As we saw in Scotland, offer people a risk-free reporting system and they will absolutely capitalize on it — as they would here, if the same legislation passes.

    Thank goodness the chances of it entering law in this country is declining with every day that passes.



  • Registered Users, Registered Users 2 Posts: 24,372 ✭✭✭✭One eyed Jack


    There is no such thing as a risk free reporting system - if someone makes a false report, there is a risk to them for doing so that they will be prosecuted. Whatever incentive anyone has for making a false report, the mechanisms by which they may do so, already exist. If they do not wish to make a false report in person, they may do so by telephone call, or online:

    https://www.garda.ie/en/reportahatecrime/


    In recent times for example a tweet by the CEO of Educate Together has upset Jewish Israeli parents, and there’s a bit of back and forth between the parents and the board of Educate Together about it. There is an incentive there for anyone to make a false report based upon current legislation which includes religion:

    https://archive.ph/qXFu0

    Similarly, there was an opportunity for anyone who wanted to make a false report incentivised to do so in circumstances where a teacher in an Educate Together school made an awful gaffe, and the Chairman apologised to the student and his mother for it:

    Chairman of the school, Richard Allen, said it was an ‘unfortunate incident’ and apologised to the pupil and his mother.

    https://www.thejournal.ie/muslim-charlie-hebdo-limerick-school-1923456-Feb2015/

    You’re choosing to focus on the protected characteristic of gender, when there are nine other protected characteristics of equal value which offer the same opportunity and incentive for anyone who is of a mind to do so, to either deliberately make a false report, or make a report in good faith that later may or may not require investigation by Gardaí. It happens plenty, you just don’t hear about it because there’s no opportunity for sensationalism.

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 12,259 ✭✭✭✭Frank Bullitt


    Feel free to prove it wrong then, or just keep with the clever one line responses. I know which one is easier for you.



  • Registered Users, Registered Users 2 Posts: 12,259 ✭✭✭✭Frank Bullitt


    "Necessitated" means to make something necessary or unavoidable. If a situation or action necessitates something, it means that circumstances require it, making it essential or inevitable.

    Necessitated by Ireland’s membership of the European Union, is not the same as saying necessary to be a member of the European Union. It means because of our membership, not - in order to be a member.

    The exception to this is European Community law, which, under the terms of Article 29 of the Constitution, has the force of law in the State. This means that any law or measure, the adoption of which is necessitated by Ireland's membership of the European Union, may not, in principle, be invalidated by any provision of the Constitution.

    You are contradicting yourself here, just admit you got it wrong. Nothing new.

    While there’s no mention of penalties in relation to these particular measures (which are part of The Framework Decision and the Victims Rights Directive), the idea that there is no mandate for an Irish law to be passed just because of the EU, is just flat-out nonsense, as demonstrated by the fact that Ireland’s failure to transpose EU Law into Irish Law led to Ireland having to pay fines, until such a time as the Oireachtas gets the finger out and transposes all of the Directive into Irish Law:

    As I have said, and you have ignored. The EU can pass certain regulations and directives. While it can pass criminal law (like the terrorist example I gave) it is ultimately up to the sovereign member states to pass their own laws.

    The link you posted: "The penalty was imposed after Ireland failed to meet a September 2020 deadline for implementing the EU’s updated Audiovisual Media Services Directive (AVMSD)." Thank you for making my point for me, it was a directive, like I already pointed out.

    You should really read what you copy and paste.



  • Registered Users, Registered Users 2 Posts: 24,372 ✭✭✭✭One eyed Jack


    You should really read what you copy and paste.

    You berate another poster for their one-liners, and complain about walls of text that you aren’t bothered reading, then repeat the same nonsense that I have previously demonstrated how you are simply mistaken in your interpretation. It’s WHY I pasted the relevant bits directly, in the hope that you couldn’t avoid reading them and seeing how you were mistaken. The only failure on my part was expecting that you would see your mistake. At this point it’s obvious that you’re determined not to, so I’ll leave it there.



  • Registered Users, Registered Users 2 Posts: 14,716 ✭✭✭✭Danzy


    It seems the loony left have driven most of the complaints so far with JK Rowling being the most targeted .



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  • Registered Users, Registered Users 2 Posts: 14,716 ✭✭✭✭Danzy


    Who ever thought taking 1980s and 90s legal shows off TV would have such a damaging effect.

    Anyone who says Matlock was crap is going to have to explain it to the Aberdeen Police.



  • Registered Users, Registered Users 2 Posts: 12,259 ✭✭✭✭Frank Bullitt


    Doubling down I see with a bit of a strawman, nice.

    Off you pop, please take your vast knowledge of EU law with you 😀



  • Posts: 0 Spencer Lazy Hoe


    It's worse than false reports.

    It's deliberately exaggerated reports. For instance: when someone is so personally offended that they elevate to others that they "perceive hate" against them, and so submit a report on those misleading grounds.

    It's completely disprovable, and nobody can stop it.

    This legislation is so open to abuse, it's embarrassing.



  • Registered Users, Registered Users 2 Posts: 24,372 ✭✭✭✭One eyed Jack


    That may indeed be how it seems as far as you’re concerned. Reality however, would seem to suggest otherwise:

    The force released data showing 3.8% of the 7,152 complaints it received in the first week the hate crime act was in force were judged to be legitimate. Two hundred and forty complaints were logged as hate crimes and 30 as non-hate incidents.

    Police Scotland said the vast majority of reports received during this period were anonymous and submitted online. “These were assessed against the new legislation and no further action is being taken,” it added.

    Nearly half of the total number of online and anonymous reports that week were made on 1 April, at 3,419. The daily rate fell very sharply to just 180 reports on 6 April and 343 on 7 April.

    In contrast, the number of complaints judged to be legitimate remained relatively constant at between 30 and 39 a day through the week. The force said the surge of complaints caused “minimal” impact on frontline policing and was dealt with by its call-handling centres and hate crime specialists.

    https://amp.theguardian.com/uk-news/2024/apr/10/complaints-police-scotland-hate-crime-law


    A large number were about a 2020 speech by First Minister Humza Yousaf - then justice secretary - highlighting white people in prominent public roles.

    https://www.bbc.com/news/uk-scotland-scotland-politics-68721208.amp

    I’m not sure whether that’s directed at either myself or tayto lover as there is no evidence to suggest that either of us have been informed by 80s and 90s legal tv shows off TV, let alone the idea that it has any effect, damaging or otherwise.

    There might be cause for concern for people whose opinions of the Irish legal system and agents of the State authorised to maintain it is informed by works of fiction such as 1984, cobbled together with the idea of the right to freedom of speech from an American Constitutional perspective, in order to form the belief that free speech has, or will ever be an actual concept in law anywhere other than in their own minds.

    That’s a matter of their own perception of reality, which in the vast majority of people is completely harmless. There are the tiny minority of people who try to make reality bend to their will, and they’re the kind of person who makes false reports to the authorities in the hope of frustrating the process which is made available to people to report incidents they perceive to be wrongdoing which amounts to a legitimate complaint.

    This makes them a witness as far as the law is concerned, because criminal offences are committed against society, and the victim involved is a witness who can be compelled to give evidence. Victims aren’t usually compelled to give evidence, which can lead to an investigation or a prosecution being dropped due to lack of evidence. It is not, and has never been, the role of a complainant, a victim or a witness, to prove that a crime has been committed, or to prove that a person committed a criminal offence. That’s always been a matter for Gardaí.



  • Registered Users, Registered Users 2 Posts: 24,372 ✭✭✭✭One eyed Jack



    One could be forgiven for thinking from the way you’re talking, that you are unaware that this happens already, regularly, and can lead to prosecutions depending upon the circumstances in each instance:

    Gsoc said that under Section 110 of the Garda Síochána Act 2005 it is an offence for a person to provide information to Gsoc “that they know to be false or misleading”. The offence is liable, on summary conviction before the District Court, to a fine not exceeding €2,500 or up to six months in prison, or both.

    In a statement, Gsoc pointed out that, while it conducts the investigation, the decision on whether or not to bring charges is taken by the DPP on foot of examining the Gsoc file.

    https://archive.ph/SOJhC


    It’s simply a fact that most people in society simply have no interest, incentive, motivation or desire to do so, and those people who do are representative of a tiny, minuscule, so insignificant as can be easily ignored by the vast majority of people in society, who are motivated by a desire for attention, and in seeking attention, they have no qualms about making other people’s lives more difficult, even to the extent where they will only be satisfied when everyone in society is as miserable as themselves.

    That’s what’s embarrassing and subjective, not the legislation itself which is yet to be determined as either effective, or as ineffective as the current legislation it is intended to replace, which in spite of your opinion, is objective in the sense that it applies to everyone in Irish society equally, in order to protect everyone in society, and prevent that tiny minority in society from inflicting harm upon others.

    Post edited by Boards.ie: Mike on


  • Posts: 0 Spencer Lazy Hoe


    Gsoc said that under Section 110 of the Garda Síochána Act 2005 it is an offence for a person to provide information to Gsoc “that they know to be false or misleading”. The offence is liable, on summary conviction before the District Court, to a fine not exceeding €2,500 or up to six months in prison, or both.

    The problem is that with this legislation, you cannot disprove someone's perception of claiming to experience hatred against them.

    With other crimes — yes, the above can be easily established in most cases.

    But for the sake of what someone is thinking, you cannot objectively disprove their feelings of perceiving hate, almost by definition.

    Scotland proved that malign actors on both sides of the debate can get away with manipulating this legislation.

    I say let's not make the same mistake that Scotland quite clearly has made.



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  • Registered Users, Registered Users 2 Posts: 24,372 ✭✭✭✭One eyed Jack


    Riiiight, I’m following you, and why would Gardaí be trying to prove anyone making a complaint is doing so under false pretences?

    Go on, I’ll await your answer as to what would cause Gardaí to become suspicious that a person or group of persons is making a complaint under false pretences.

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 2,402 ✭✭✭combat14


    more subjective nonse this time from unions....

    Mr Callinan (Forsa) said limited information available from the Public Appointments System (PAS) shows that 88% of applications, between 2019 and 2021, were from individuals who identified as 'White Irish', and of the appointments during that period, 89% were ‘White Irish’

    "What does this limited data tell us? It tells us one thing: these public services roles are not reflective of the diverse communities that they serve. And this raises some concerns for the public service more broadly," Mr Callinan said.

    the figures for "white irish" applications 88% and "white irish" appointments 89% are practically the same - at this stage its every clown jumping on the political correct bandwagon and it will be the so called "white irish" who are discriminated against next !!

    no wonder "hate speech" censorship and this nonsense get peoples back up

    https://www.rte.ie/news/ireland/2024/0412/1443197-forsa-union/



  • Registered Users, Registered Users 2 Posts: 2,275 ✭✭✭nachouser


    What mistake? You won't engage with any of the stats posted about Scotland. You just keep the blinkers on because it doesn't suit your opinion about gender and trans people.

    You only need to scroll back up to a post at 5.30pm. It's working for Scotland.

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 1,421 ✭✭✭Vote4Squirrels


    Absolutely ridiculous that.

    Explain how precisely Scotland’s law is “working” ??



  • Registered Users, Registered Users 2 Posts: 2,275 ✭✭✭nachouser


    Read what was posted and sourced from people with actual names and come back and tell me that the 30-39 daily reports considered to be worth looking into by actual professionals are ridiculous.



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