HOME OFFICE News
Release (153/2007) issued by The Government News Network on 1
October 2007
Incitement to
religious hatred will today become a criminal offence in England
and Wales with the commencement of the Racial and Religious Hatred Act.
The Act creates a new offence of intentionally stirring up
religious hatred against people on religious grounds, closing a
gap in the current legislation.
Existing offences in the Public Order 1986 Act legislate against
inciting racial hatred. Jews and Sikhs have been deemed by the
courts to be racial groups and are protected under this
legislation, but other groups such as Muslims and Christians are
considered to be religious rather than racial groups and have
therefore not previously received any protection under the law.
The new Act will give protection to these groups by outlawing the
use of threatening words or behaviour intended to incite hatred
against groups of people defined by their religious beliefs or
lack of belief.
Home Office Minister Vernon Coaker said:
"This Act closes this small but important gap in the law
against extremists who stir up hatred in our communities. To be
attacked or targeted because of your race or religion is wholly unacceptable.
"It can have a devastating effect on victims who can find
themselves on the receiving end of bigotry and hatred.
"We are committed to protecting everyone in our society and
legislating against this abhorrent behaviour. Our overarching goal
is to build a civilised society where we can all achieve our
potential free from prejudice."
NOTES TO EDITORS
1. The Racial and Religious Hatred Act received Royal Assent on
16 February 2006. The Act can be found at: http://www.opsi.gov.uk/acts/acts2006/20060001.htm
2. This Act applies to England and Wales.
3. Legislation against religiously and racially aggravated
crimes is already in force under the Crime and Disorder Act 1998.
The Act introduced nine racially or religiously aggravated
offences, (including assaults, criminal damage, public order
offences and harassment) which make higher maximum penalties
available to the courts where there is evidence of racist or
religious motivation or hostility in connection with an offence.
4. The reference to "religious belief or lack of religious
belief" is a broad one, and is in line with the freedom of
religion guaranteed by Article 9 of the European Convention on
Human Rights. It is intended to include, although this list is not
definitive, those religions widely recognised in this country such
as Christianity, Islam, Hinduism, Judaism, Buddhism, Sikhism,
Rastafarianism, the Baha'i faith, Zoroastrianism and Jainism.
5. The existing racial incitement offence carries a high
threshold in order to protect freedom of speech. Offensive
words/actions must be threatening, abusive or insulting and must
either be intended or likely to incite hatred. The hatred must be
aimed at people who are members of that group.
6. As has already been stated (above), the new offence is limited
to threatening words or behaviour, and there is a requirement for
the prosecution to prove intention to stir up religious hatred. In
addition, there is a limiting statement, protecting legitimate
freedom of expression, in the following terms:
Nothing in this Part shall be read or given effect in a way which
prohibits or restricts discussion, criticism or expressions of
antipathy, dislike, ridicule, insult or abuse of particular
religions or the beliefs or practices of their adherents, or of
any other belief system or the beliefs or practices of its
adherents, or proselytising or urging adherents of a different
religion or belief system to cease practising their religion or
belief system.
The new offence therefore has an even higher threshold than the
race hatred offence, recognising that religious beliefs are a
legitimate subject of vigorous public debate.
7. All prosecutions, whether for racial or religious hatred,
require the consent of the Attorney General.