Critics of proposed law warn Irish people could be jailed for 'hate speech'

Irish Justice Minister Helen McEntee unveiled the controversial Criminal Justice (Incitement to Violence or Hatred and Hate Crime) Bill in 2022. Photo: Niall Carson/PA

Critics say Irish citizens who campaign to stop transgender women from using women's locker rooms or crisis centers risk jail time under the Orwellian hate speech law.

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A debate took place in the Senate of Ireland last week. the controversial Criminal Justice (Incitement to Violence or Hatred and Hate Crime) Bill 2022.

The bill aims to expand the scope of those protected from hate speech to include those with a «gender identity», including transgender people or «a gender other than male or female».

The bill's supporters argue that Ireland you need to update your hate speech protection to keep up with the evolution of society and social media.

The bill, introduced in 2022 by Attorney General Helen McEntee, has sparked worldwide interest, with Donald Trump Jr. calling it «crazy» and Elon Musk calling it «very disturbing.»

Expected to become law

Expected. which will become law later this year, and the Senate is unlikely to make any major amendments, given that its recommendations could be rejected by Parliament.

According to the law, existing offenses such as assault or criminal damage will receive harsher sentences if compounded by «hatred».

The law will also criminalize the possession of materials intended for distribution that may incite hatred against people with «protected characteristics». In fact, this material does not need to be distributed to the public in any way.

In response to concerns that the bill could have a chilling effect on free speech, the government told the Irish Times last year that the ban on prosecution will be «very high».

“Criminal hate speech is not going to be an area that anyone accidentally enters,” the Justice Department said in an interview with the Irish Times. , people will have to knowingly and recklessly incite hatred against citizens with «protected characteristics» that also include race, religion and disability.

Debating the law in the Senate last week, Irish Green Party Senator Pauline O. Reilly said that it would be right to restrict people's freedom of speech in order to protect vulnerable people from «discomfort».

“If a person’s views on the identity of other people make their lives insecure and insecure and cause them such deep discomfort that they cannot live in peace, our job as legislators is to limit these freedoms for the common good,” she said.

«You can't do or say whatever you want in our society.»

In an earlier debate, Independent Senator Ronan Mullen questioned the wisdom of potentially punishing people for discussing gender identity.

«Will mocking memes be allowed?» he asked.

Will wearing a sign that says 'Men Can't Breastfeed' be an investigation into hate speech or jail time of up to five years, a lifelong hater label and all the stigma and lifelong restriction that comes with that? Nobody really knows.”

“Misinformation and Distortion”

Ms. McEntee said that much of the debate surrounding the legislation «unfortunately has also been the subject of deliberate misinformation and misrepresentation, including by fringe commentators and social media figures in the US.»

She emphasized that section 11 of the Act The bill «explicitly» provides protection for freedom of speech by noting that «discussion or criticism of issues relating to protected characteristics does not in itself constitute incitement to hatred.»

Ms. McEntee said: «You the right to express one's beliefs and opinions, however unpopular they may be.»

Helen Joyce, former Economist journalist and director of advocacy for the Sex Matters campaign, voiced her dissent in a series of Twitter posts.

“This [bill] will likely criminalize the expression of views that can lead to “hate” (remember, there is no definition!) because they feel like women. Punishment: up to five years in prison.

“When a crime has no definition, anyone can be found guilty. And that's what happens if this bill becomes law, because it criminalizes «hate» without defining it.