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Deflettertoday at 8:27 AM7 repliesview on HN

> The problem is that it is really difficult to define what hate speech is

It can be, but free speech types like to pretend it's nigh impossible. The UK has had modern hate-speech laws (for want of a better term) since the Public Order Act 1986, which made it an offence to stir up or incite racial hatred. Amendments in 2006 and 2008 expanded that to religious and homophobic hatred respectively. This exists in stark contrast to the common strawman touted by freeze peach types of "are you just going to compile a list of 'bad words'?!" Hate speech is not magic: you're not casting the self-incriminatus spell by saying the bad word.

That said, I wont pretend like that aren't misuses of police powers in regard to speech, and expression more generally. We've seen a crackdown on protests over the past few years which is more than a little frightening. That said, it's become a pattern that anytime I encounter a discussion online about the UK trampling on freedom of speech or whatever, it always comes back to hate speech. It's almost never about protest or expression. I think that's interesting.

EDIT: Correction, the Criminal Justice and Immigration Act 2008 did not make stirring up or inciting "homophobic" hatred an offence, but rather hatred on the basis of sexual orientation. So one could get prosecuted for being inciting anti-straight hatred.


Replies

thinkingemotetoday at 8:44 AM

In the UK the arrests are mostly about "grossly offensive" speech. That's more of a grey area than the clearly defined hate speech. Often there are arrests and investigations but convictions on these are less. Convictions of hate speech also occur but are not news worthy and no one objects. The two different offenses are being confused and so it becomes news. In the US they don't have the grossly offensive category.

It's an issue because people are being investigated because people are offended by some things while others are not, and others (like comments here) see the difference between offensive speech and outright calls for violence. The police in some areas are encouraged to actively investigate reports of offensiveness whether or not they seem to them serious. It's a good idea on paper but the ambiguities and unequal application of their policy is newsworthy. It leads to conspiratorial and political theories.

There is also a related newsworthy issue of the widening of what hate speech means to encompass forms of offensiveness. So some may say it's a direct call to violence to say some things but others may say it's not. This ambiguity leads to an effect and discussions.

"Silence is violence" and "From the river to the sea" are topical example quotes used in this debate.

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4bpptoday at 1:18 PM

> freeze peach

Do you not think that trying to malign your opposition by putting a comical misspelling in their mouths is a bit infantile as a rhetorical tactic? The same thing being done to you would look something like an insinuation that what is being banned is "hurting someone's widdle fee-fees"; surely the discussion here would not benefit if everyone stooped down to that level.

ajbtoday at 9:08 AM

The previous law used to control racial hatred was the law of criminal libel; it was successfully used to prosecute antisemitism etc. As a species of libel, it had an absolute defence of of speaking the truth. Now, clearly you can be clever enough to spread hatred by only the use of true statements. But we have reached the point where those speaking the truth about atrocities committed by a foreign government are imprisoned for hate speech, and vastly more self censor. Your implied claim that those criticising the law just want to be free to be racist is not defensible - and indeed, you're not bold enough to defend it, merely "find it interesting".

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naaskingtoday at 1:55 PM

> which made it an offence to stir up or incite racial hatred.

If you point out that one racial demographic is responsible for more crimes than another, would that run afoul of the statute?

If not, what if you additionally point out that the reason these crimes were committed is likely because that behaviour is normalized in their culture? This seems like it would definitely run afoul of the statute, and if this logical deduction were valid, then this sort of criticism would be suppressed despite being legitimate, and could be weaponized against people.

I'm frankly not so convinced that it's possible to define hate speech in a way that does not allow for these failure modes.

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curtisblainetoday at 9:43 AM

Norwood vs UK was about Norwood displaying an "Islam out of Britain" sign.

Samuel Melia was jailed 2 years for publishing downloadable stickers saying "Mass immigration is white genocide," "Second-generation? Third? Fourth? You have to go back," and "Labour loves Muslim rpe gangs".

Are those messages controversial? For sure. Should originator of these messages be prosecuted? I don't think so. Are anti-christian, "dead men don't rpe" or "eat the rich" messages treated the same in uk? Absolutely not.

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fruitworkstoday at 8:54 AM

[flagged]

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Alex2037today at 9:41 AM

>free speech types

heh.