Thread by @PoliticsWatch14

1/ A lot of conversation regarding the proposed CRIMINAL JUSTICE (INCITEMENT TO VIOLENCE OR HATRED & HATE OFFENCES) BILL 2022. This is a long thread for anyone interested in what exactly is contained in the Bill. Here is a summary... #HateSpeechBill #HowIrelandWorks

2/ The Bill is 4 parts: Part 1 deals with definitions & the meaning of protected characteristics. Part 2 provides for new offence of incitement to violence or hatred. Part 3 creates new, aggravated forms of certain existing criminal offences. Part 4 deals with amendments.

3/ Part 1 Section 2 – is titled “Interpretation”. It states hatred means “hatred against a person or a group of persons in the State or elsewhere on account of their protected characteristics or any one of those characteristics”, but the bill does not define what hatred is.

4/ Part 1 Section 3 lists protected characteristics: race, colour, nationality, religion, national or ethnic origin, descent, gender, sex characteristics, sexual orientation, & disability. Some are already protected under existing Acts, but new categories are introduced as well.

5/ New categories: “Descent” includes references to persons who descend from persons with certain characteristics. “Gender” now includes transgender & a gender other than male & female. “Sex characteristics” means the physical & biological features of a person relating to sex

6/ Part 2 section 7(1) creates new offence of incitement to violence or hatred based on a person communicating material to the public or a section of the public or behaving in a public place in a manner that is likely to incite violence or hatred against a person or group.

7/ Part 2 section 6 defines Material as anything that is capable of being looked at, read, watched, or listened to. Public place means any place to which public has access. Behaviour includes things a person says, communicates, or does & may consist of a single or multiple acts.

8/ To be guilty under Part 2 S7(1), a person only has to display, publish, or make available any material in a place where the public has access. The threshold for this offence is intent or recklessness, meaning that a person can be prosecuted if they intended or were reckless.

9/ Part 2 section 7(3) – states it will be a defense to this new crime of hate speech if the defendant can prove the material consisted solely of a reasonable & genuine contribution to literary, artistic, political, scientific, religious, or academic discourse.

10/ The burden of proof is on the defendant to prove the alleged hate speech is not hate speech. Section 7(3) states this defense is only available where the material consisted solely of a reasonable & genuine contribution.

11/ “Reasonable & genuine contribution” means a contribution that is considered by a reasonable person as being reasonably necessary or incidental to such discourse. In law it’s called the ‘reasonable man’ test. What would a ‘reasonable man’ think of the content.

12/ Hate Speech Penalties: A Class A fine (up to €5,000) or imprisonment for a term not exceeding 12 months on summary conviction, or on conviction on indictment, a fine or imprisonment for a term not exceeding 5 years or both.

13/ Part 2 Section 8 – introduces a new offense of condonation, denial, or gross trivialization of genocide, a crime against humanity, a war crime, etc. against persons on account of their protected characteristics.

14/ Part 2 Section 9 – states a person may be found guilty of an offense under Sections 7 or 8 regardless of whether they were actually successful in inciting another person to violence or hatred.

15/ Part 2 S10 creates new offense of preparing/possessing material that’s likely to incite violence or hatred. This section seeks to criminalise people who create content that would incite violence with the intention of communicating but have not yet communicated it publicly.

16/ Part 2 Section 10(3) – states that where it is reasonable to assume that the material was not intended for the person's personal use, the person shall be presumed, until they prove otherwise, to have committed an offense.

17/ The penalties under this section are on summary conviction to a Class C fine (up to €2,500) or imprisonment for a term not exceeding 6 months or both, or on conviction on indictment to a Class A fine (up to €5,000) or imprisonment for a term not exceeding 2 years or both.

18/ Part 2 S11 is titled “Protection of freedom of expression”. This section states any material or behaviour is not taken to incite violence or hatred against a person or a group of persons solely on the basis that the material or behaviour includes discussion or criticism.

19/ Under Section 11, ‘discussion’ means the action or process of talking about something in order to reach a decision or to exchange ideas.

20/ Part 2 Section 15 – deals with search warrants & confirms a District Court judge can issue a search warrant of any place where evidence of hate speech may be located. This section states Gardaí may search any place noted in the warrant & any person located at that place.

21/ Gardaí may use reasonable force to enter your property & they may examine, seize & retain anything found at that place including documents, phones, computers.

22/ Part 3 Sections 17-20 – create new aggravated forms of certain existing criminal offenses where those offenses are said to be motivated by prejudice against a protected characteristic. Sections 17-20 include updated offenses like damaging property aggravated by hatred.

23/ Other updated offenses include threatening, abusive or insulting behaviour in a public place aggravated by hatred; distribution or display in a public place material which is threatening, abusive, insulting, or obscene aggravated by hatred; ...

... entering a building with the intent to commit an offense aggravated by hatred. There are 10 existing offenses that have been updated.

24/ Finally, part 4 amends other pieces of existing legislation that need to be updated due to the passing of this Bill.