‘Hate speech’ Bill: What is in it and what are its flaws according to critics?

Minister for Justice Helen McEntee has told the Seanad that amendments to the Bill are being prepared. Photograph: Niall Carson/PA Wirenot to abandon it. Critics point to a lack of clarity about key concepts, including a precise definition of “hate”, and claim the Bill may adversely affect free speech. Supporters say the legislation can be improved but is necessary to safeguard migrants and other minorities.

The Bill creates a new offence of incitement to violence or hatred, based on a person communicating material to the public “likely to incite violence or hatred”. The person must intend to incite violence or hatred or be reckless in that regard. It creates a further offence of creating content that would incite violence, with the intention of communicating that content, but which has not yet been communicated publicly.

Hate speech is “abhorrent” but should only be outlawed in the “most extreme” cases such as incitement to violence because legislation risks impinging on freedom of expression, the ICCL said.The Bill was voted overwhelmingly through the Dáil, by 110 votes to 14, last summer but is not yet at committee stage in the Seanad. Sinn Féin supported it in the Dáil but opposed it in the Seanad, saying the Government had failed to address its concerns.

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