Decision to drop hate speech legislation a  'missed opportunity'

Justice Minister Helen McEntee confirmed last week that incitement to hatred and violence elements are being dropped.

The special rapporteur on the Government’s plan to tackle racism has slammed the decision not to progress hate speech legislation and branded it a missed opportunity to protect vulnerable communities.

Dr Ebun Joseph, a race relations consultant and director of the Institute of Antiracism and Black Studies, was appointed in July as the special rapporteur for the National Plan Against Racism.

In a statement, Ms Joseph said the decision “raises important concerns for minorities and minoritised groups in the country”.

She added that it “signifies a missed opportunity to protect vulnerable communities and foster a more inclusive society”.

Justice Minister Helen McEntee confirmed recently that the incitement to hatred and violence elements of hate legislation are being dropped. However, the overall hate crime legislation will continue as planned.

The decision to not progress the hate speech element related to concerns around a lack of clarity on the draft laws, particularly over the definition of hate and how the laws could impact freedom of speech.

Ms Joseph continued: “Leaving out hate speech legislation sends a clear message: words that harm and divide are not taken seriously. Hate speech can lead to violence and discrimination against minorities. For example, many people with visible difference with in skin colour, accent, shape of the eyes, hair texture or LGBTQ+ individuals face verbal abuse that can escalate into physical attacks. 

"By not addressing hate speech, the government fails to acknowledge the pain and fear that these communities endure daily. This lack of legal protection can create an environment where hate thrives, making it harder for minorities to feel safe and accepted.” 

Ms Joseph said that not legislating against hate speech “silences those who wish to speak out against discrimination.” She added: “The focus on hate crimes alone does not address the root causes of discrimination. Hate crimes are often the result of a culture that allows hate speech to flourish. Without laws that specifically target harmful words, society cannot fully confront the attitudes that lead to violence.” 

Risks for minorities

Ms Joseph fears that the decision will now pose significant risks for minorities in Ireland.

She called on politicians to rethink the decision.

She said that hate crimes can have a profound effect on victims but she said: “Hate speech refers to words or expressions that promote hatred or violence against a particular group. It can include insults, slurs, or derogatory comments aimed at individuals based on their identity. For instance, a public figure making harmful jokes about a specific religion can be seen as engaging in hate speech.” 

Ms Joseph said that European countries have already enacted hate speech laws, and said: “By implementing hate speech legislation, Ireland can take a significant step towards creating a safe and inclusive environment for all citizens. It is time for action to ensure that everyone can live freely and without fear of hatred. We need Ireland to be a safe space for all who live here.”