17 November, 2007

Wording of 'gay' Speech Crime Published by the Government

The Christian Institute has issued the following statement:

"The Government has published its proposed 'homophobic hatred' law. The offence could yet be amended by MPs or Peers.

Parts of the law are modelled on the religious hatred law, but there is no specific free speech protection.

Only 'threatening' words or behaviour will be covered by the Government's current wording, not those which are 'insulting' or 'abusive' (both very broad terms).

In addition, a prosecutor must prove that a person intended to stir up hatred on grounds of sexual orientation, rather than having been 'likely to' stir up hatred. This mirrors the religious hatred law.

However, The Christian Institute is concerned that the free speech protection which is present in the religious hatred offence is not included in the 'homophobic hatred' law.

While the Human Rights Act offers some protection for free speech and religious liberty, the lack of a specific protection in the offence sends out the signal that free speech is more important when debating religion than when debating homosexual practice.

The Christian Institute remains opposed to the principle of a 'homophobic hatred' law. Existing offences are sufficient to protect homosexuals from any violence or harassment. A 'homophobic hatred' law, in any form, could be used as a pretext for challenging the free speech and religious liberty of Christians."

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