Freedom of Speech
Regardless of any individual's perception, the right to freedom of speech as stipulated in UK law and the United Nations does not imply that an individual may express their preferences without any restrictions. It is only permitted to express one's preferences, provided that:
1) One has the right to express oneself. (This may not be the case if, for instance, one has signed the Official Secrets Act or has been prohibited from speaking certain things by a judge among other reasons).
2) Any statement is in compliance with the laws of the land.
The use of Hate Speech is illegal regardless of claiming Freedom of Speech.
The following is from the CPS and can be found by following this link:
https://www.cps.gov.uk/crime-info/hate-crime
Hate crime
The law recognises five types of hate crime on the basis of:
• Race
• Religion
• Disability
• Sexual orientation
• Transgender identity
Any crime can be prosecuted as a hate crime if the offender has either:
• demonstrated hostility based on race, religion, disability, sexual orientation or transgender identity
Or
• been motivated by hostility based on race, religion, disability, sexual orientation or transgender identity
Someone can be a victim of more than one type of hate crime.
These crimes are covered by legislation (Crime and Disorder Act 1998 and section 66 of the Sentencing Act 2020) which allows prosecutors to apply for an uplift in sentence for those convicted of a hate crime.
The police and the CPS have agreed the following definition for identifying and flagging hate crimes:
"Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity."
For a definition of how the United Nations defines Hate Speech please click here:
https://www.un.org/en/hate-speech/understanding-hate-speech/what-is-hate-speech
I would suggest that if any individual encounters a disagreement with the information presented above, they should first consult a lawyer who can provide them with the relevant details. Failure to do so could potentially result in a prison term for a hate crime and, as previously mentioned, a hate crime can potentially increase the sentence.
Freedom of speech does not imply that you have the liberty to express your views without regard to others' rights. This is not the primary focus of freedom of speech. Other laws may, and likely will, override your right to speak.
1) One has the right to express oneself. (This may not be the case if, for instance, one has signed the Official Secrets Act or has been prohibited from speaking certain things by a judge among other reasons).
2) Any statement is in compliance with the laws of the land.
The use of Hate Speech is illegal regardless of claiming Freedom of Speech.
The following is from the CPS and can be found by following this link:
https://www.cps.gov.uk/crime-info/hate-crime
Hate crime
The law recognises five types of hate crime on the basis of:
• Race
• Religion
• Disability
• Sexual orientation
• Transgender identity
Any crime can be prosecuted as a hate crime if the offender has either:
• demonstrated hostility based on race, religion, disability, sexual orientation or transgender identity
Or
• been motivated by hostility based on race, religion, disability, sexual orientation or transgender identity
Someone can be a victim of more than one type of hate crime.
These crimes are covered by legislation (Crime and Disorder Act 1998 and section 66 of the Sentencing Act 2020) which allows prosecutors to apply for an uplift in sentence for those convicted of a hate crime.
The police and the CPS have agreed the following definition for identifying and flagging hate crimes:
"Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity."
For a definition of how the United Nations defines Hate Speech please click here:
https://www.un.org/en/hate-speech/understanding-hate-speech/what-is-hate-speech
I would suggest that if any individual encounters a disagreement with the information presented above, they should first consult a lawyer who can provide them with the relevant details. Failure to do so could potentially result in a prison term for a hate crime and, as previously mentioned, a hate crime can potentially increase the sentence.
Freedom of speech does not imply that you have the liberty to express your views without regard to others' rights. This is not the primary focus of freedom of speech. Other laws may, and likely will, override your right to speak.
