Monday, November 30, 2020
30 November, 2020
UK lawyers uneasy about plan to prosecute hate speech at home
Proposals to prosecute individuals for hate crimes based on what they discuss in their own homes need to be more widely debated, free speech organisations have said.
The suggestion to remove the “dwelling” privacy exemption from criminal legislation is buried in a few paragraphs of the Law Commission’s 544-page consultation on hate crime published in September.
The commission said on Wednesday that it was “not intending for private conversations at the dinner table to be prosecuted as hate speech”, although that appears to be one possible consequence of the proposed change.
Until 1986, the offence of using words or behaviour intended or likely to incite racial hatred could only be committed in a public place. The scope was later expanded, but an exception remains “where words or behaviour are used or written material displayed within a dwelling, provided that they cannot be seen or heard outside.”
The proposal was spotted by the organisation Fair Cop, which campaigns against what it says is misuse of legislation to curb free speech. Sarah Phillimore, a barrister and member of the organisation, said it would encourage “state surveillance or people to inform on their friends. How else would they get the evidence? It will be like the East German Stasi security service.”
A spokesperson for the Law Commission said: “We found that the current law on incitement of racial and other forms of hatred is inconsistent and poorly targeted. Our proposals aim to clarify and improve the laws. We look forward to hearing from members of the public on how we can improve our proposals.”
Controversially named racehorse makes its debut
A Queensland thoroughbred owner has been allowed to name a rookie racehorse "Black Suspect", despite concerns it could offend Indigenous people.
The three-year-old colt with the potentially provocative name is set to raise eyebrows when it makes its racing debut, with even its trainer admitting there could be questions.
Black Suspect was meant to have its first race in a maiden event at Toowoomba last weekend but was a late scratching.
Ipswich trainer Beau Gorman said the scratching had nothing to do with the name of the horse, owned by local racing enthusiast Colin Clark, but was because it simply wasn’t ready to go.
Mr Gorman said the horse was named because it was a big black colt and its sire was a US stallion called Unusual Suspect.
He said the name was chosen after other names, including Black American and Black Gold, were rejected by Racing Australia.
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