Challenging Hate Speech: Incitement to Hatred on Grounds of Sexual Orientation in England, Wales and Northern Ireland

Abstract

In England, Wales and Northern Ireland, it is since 2008 a criminal offence to incite hatred based on sexual orientation. This paper examines the relevant pieces of legislation and considers whether they can be kept sufficiently narrow in operation to protect one’s freedom of expression. The paper also addresses criticism of such legislation, notably by Eric Heinze, based on arguments on equal protection and cause and effect. It concludes that in the British context, narrowly drafted legislation may have a useful, if marginal, impact and will not necessarily lead to the immense restrictions on freedom of expression that Heinze fears. Nor, however, will the legislation be likely to achieve radical social change whilst other powerful sources of discriminatory discourse remain uncontrolled.