Acts Intended or likely to Stir Up Racial Hatred Flashcards
Q: What is ‘racial hatred’?
S17 PO 1986- For the purposes of the offences contrary to s18 to 23 of the 1986 Act, ‘racial hatred’ means hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins.
Q: What does ‘stirring up’ mean?
Form of incitement.
Q: What is the law on acts intended or likely to stir up racial hatred?
S18 PO 1986
(1) A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—
(a) he intends thereby to stir up racial hatred, or
(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.
Q: Where can this offence be committed? Public and/or private?
S18(2)
An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.
In short, behaviour in someone’s home is excluded provided it stays within that home and isn’t seen or heard by anyone outside that or another home.
Q: Examples of when an offence is and is not made out
Shouting racist remarks out the window onto the street- is likely to be covered
Having a private conversation in the house where racist language is used, but no one else can hear or see- is unlikely to be covered
Racist poster on a window pointing towards the street- is likely to be covered
Racist poster on an internal wall that no one else can view- unlikely to be covered
Q: What does ‘dwelling’ mean?
Any structure or part of a structure occupied as a person’s home or other living accommodation, whether the occupation is separate or shared with others. But does not include any part no so occupied and for this purpose structure includes a tent, caravan, vehicle, vessel or other temporary or moveable structure.
Q: Are there any defences to this offence?
S18(4)
It is a defence for the accused to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
Q: What are the rules surrounding broadcasts in a programme and the use of racist terminology etc?
Broadcasts in a programme are excluded- this allows TV news reports and documentaries to accurately report upon inflammatory racist material.
There is also an exemption to allow accurate reports of parliamentary or court proceedings.
Q: What is the offence of publishing or distributing written material likely to stir up racial hatred?
S19
(1) A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if—
(a) he intends thereby to stir up racial hatred, or
(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.
Q: What is included in the publication and distribution?
S19(3) References in this Part to the publication or distribution of written material are to its publication or distribution to the public or a section of the public.
Q: What does ‘written material’ include?
Written material includes any sign or other visible representation.
Q: What is the specific defence for stirring up racial hatred, in relation to publishing or distributing written material?
S19(2)
It is a defence for an accused who is not shown to have intended to stir up racial hatred to prove that he was not aware of the content of the material and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
Q: Who is this defence intended to protect?
This would cover publishers and distributors who have no particular knowledge of the content of the publications they are technically responsible for eg: newspaper proprietor who was not aware of a particular edition because that is up to the editor and individual journalists.
Also cover newsagents who sell papers without knowledge of the contents.
Q: Summary- the role of the 1986 Act in relation to stirring up racial hatred
- 1986 Act makes it an offence to use threatening, abusive, or insulting words or behaviour with intent to stir up racial hatred in public places such as the street or in a private place that is not purely in the home or in a public speech.
- It is also an offence to display, publish or distribute written material that is threatening, abusive, or insulting with intent to stir up racial hatred.
- In both cases, it is an offence, even if there was no intent to incite hatred, but where hatred is likely to be stirred up regardless. This introduces an element of recklessness!!!!!
- The equivalent offences in relation to religion and sexual orientation, only behaviour actually intended to stir up hatred is covered.
Q: What is meant by ‘threatening, abusive or insulting’?
There is no definition of what amounts to threatening, abusive, or insulting. These words should be given their ordinary, everyday meaning.
