Kara Sears
Hate speech laws in the United Kingdom are found in several statutes and differ across England, Wales, and Scotland. Hate speech is defined as expressions of hatred toward someone based on their colour, race, sex, disability, nationality, ethnic or national origin, religion, or sexual orientation. The penalties for hate speech include fines, imprisonment, or both. While the UK has specific hate crime laws, there is ongoing debate about the impact of these laws on freedom of speech, with critics arguing that they may criminalise certain viewpoints.
| Characteristics | Values |
|---|---|
| Hate speech laws in England and Wales | Found in several statutes, differing from Scotland |
| Hate speech laws in Scotland | Hate Crime and Public Order (Scotland) Act 2021 |
| Protected characteristics | Colour, race, sex, disability, nationality, ethnic or national origin, religion, sexual orientation, gender identity |
| Hate crime reporting | Call 101 or fill out an online form at report-it.org.uk |
| Hate crime legislation | Crime and Disorder Act 1998, Section 66 of the Sentencing Act 2020, Public Order Act 1986 |
| Penalties for hate speech | Fines, imprisonment, or both |
| Hate speech in football | Football Offences Act 1991, amended by the Football (Offences and Disorder) Act 1999 |
| Hate speech on social media | Communications Act 2003 makes it an offence to send grossly offensive messages |
| Hate speech case examples | Chelsea Russell, Paul Hepplestall, Stuart Hanson, Jay Davison |
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What You'll Learn
Hate speech laws in England and Wales
The Police and CPS have formulated a definition of hate crimes and hate incidents, with hate speech forming a subset of these. Something is a hate incident if the victim or anyone else thinks it was motivated by hostility or prejudice based on disability, race, religion, gender identity or sexual orientation. A hate incident becomes a crime if it crosses the boundary of criminality.
The Criminal Justice and Immigration Act 2008 amended Part 3A of the Public Order Act 1986. The amended Part 3A adds, for England and Wales, the offence of inciting hatred on the ground of sexual orientation. All the offences in Part 3 attach to the following acts: the use of words or behaviour or display of written material, publishing or distributing written material, the public performance of a play, distributing, showing or playing a recording, broadcasting or including a programme in a programme service, and possession of inflammatory material. In the circumstances of hatred based on religious belief or on sexual orientation, the relevant act (namely, words, behaviour, written material, or recordings, or programme) must be threatening and not just abusive or insulting.
The Aggravated Offences (sections 28 to 32 Crime and Disorder Act 1998) cover race and religion and mirror certain non-hate crime equivalent offences (that is: assault, criminal damage, public order offences or harassment) but with higher maximum sentences. An offender is charged with these (e.g. ‘racially-aggravated assault’), instead of non-hate crime versions, where there is proof of racial or religious hostility on the part of the offender. The Stirring Up Offences, set out in sections 17 to 29N Public Order Act 1986, cover race, religion and sexual orientation. The offences deal with conduct (either words or behaviour) or material that is threatening in nature, and which is intended to stir up hatred against a group of people defined by reference to sexual orientation, race or religion. The racial hatred offences cover a wider range of conduct or material including that which is threatening, abusive or insulting, and which is intended or likely to stir up hatred.
Sentencing uplifts (section 66 Sentencing Act 2020) cover race, religion, sexual orientation, transgender identity and disability, and provide a court with direction to impose more severe penalties within the existing maximum sentence thresholds for the underlying non-hate crime (e.g., an uplift may be added to a ‘standard’ criminal damage sentence), where there is evidence of hostility. The underlying offence convicted for would still be a non-hate crime.
Hate crimes can be reported by calling the police on 101 or by filling in an online form at report-it.org.uk.
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Hate crime laws in Scotland
The UK does have hate speech laws. Hate speech laws in England and Wales are found in several statutes, and differ from the laws adopted in Scotland.
The Hate Crime and Public Order (Scotland) Act 2021 is an Act of the Scottish Parliament that received Royal Assent on 23 April 2021 and came into force on 1 April 2024. The Act was introduced in response to Lord Bracadale's independent review of Scotland's hate crime legislation, which recommended consolidating all hate crime laws into one bill. The Act has been controversial, with opponents arguing that it could stifle freedom of speech.
The Act includes a provision to add an aggravator for sex and allows for "sex" to be added to the "stirring up" offence using secondary legislation. The Scottish Government has announced that it will bring forward an Order to add "sex" as a protected characteristic to the Act, ensuring that women and girls have legal protections. The Act also lists "age" as a characteristic for the first time.
Supporters of the Act argue that it protects freedom of speech while guarding against a rising tide of hatred. Police Scotland have pledged to investigate every hate crime complaint they receive, logging over 3,000 complaints in the first 48 hours of the law coming into force.
Opponents of the Act have accused Scottish First Minister Humza Yousef, who introduced the law, of violating it himself with an "anti-white" speech in 2020. Police Scotland recorded the speech as a "non-criminal hate incident" and stated that no violation of the Act had occurred.
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Hate speech and freedom of speech
Hate speech is a form of expression that is forbidden in the UK. It is defined as any communication that is threatening or abusive and is intended to harass, alarm, or distress someone based on their colour, race, sex, disability, nationality, ethnic or national origin, religion, or sexual orientation. Hate speech laws in the UK aim to protect individuals from harm and ensure that everyone is treated equally and with respect, regardless of their personal characteristics or beliefs. These laws send a clear message that hate speech is unacceptable and will not be tolerated.
While hate speech is not protected under freedom of speech laws in the UK, it is important to strike a balance between protecting individuals from harm and upholding the right to freedom of expression. Freedom of speech is a fundamental human right that allows individuals to express their thoughts, ideas, and opinions without fear of censorship or retaliation. It is a cornerstone of democratic societies and is essential for the free exchange of ideas, the promotion of innovation, and the advancement of knowledge.
However, the line between hate speech and freedom of speech can sometimes be blurred. What one person may consider offensive or hateful, another may view as a legitimate expression of their beliefs or experiences. This subjectivity can make it challenging to define hate speech clearly and consistently, and there may be concerns about over-censorship or the suppression of certain viewpoints.
To address these concerns, hate speech laws in the UK focus on the intent to cause harm and the potential consequences of the speech act. For example, under the Public Order Act, a statement is considered hate speech if it is threatening or abusive and is intended to stir up hatred or incite violence against a particular group. This definition allows for the prosecution of hate crimes while also protecting individuals' rights to express their opinions and engage in robust debate.
Additionally, the UK's hate speech laws provide for sentencing uplifts, which allow courts to impose more severe penalties for hate crimes without criminalising the underlying expression. This approach recognises the seriousness of hate crimes and their impact on both individual victims and wider communities while also upholding the principle of freedom of speech.
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Hate speech laws and social media
Hate speech laws in England and Wales are found in several statutes and differ slightly from the laws adopted in Scotland. These laws forbid expressions of hatred toward someone on account of their colour, race, sex, disability, nationality, ethnic or national origin, religion, or sexual orientation. Any threatening or abusive communication intended to harass, alarm, or distress someone is also forbidden. The penalties for hate speech include fines, imprisonment, or both.
The Police and CPS have formulated a definition of hate crimes and hate incidents, with hate speech forming a subset of these. Something is considered a hate incident if the victim or anyone else perceives it to be motivated by hostility or prejudice based on disability, race, religion, gender identity, or sexual orientation. A hate incident becomes a hate crime if it crosses the boundary of criminality.
Hate speech laws in the UK also apply to social media. In 2017, a 19-year-old resident of Croxteth, Chelsea Russell, was charged with "sending a grossly offensive message by means of a public electronic communications network" after quoting a line from a song on her Instagram page. She was found guilty and sentenced to a fine, a curfew, and ankle monitoring.
In addition to legal repercussions, social media companies have their own hate speech policies in place. However, some companies have been criticised for rolling back these protections. For example, YouTube removed gender identity from its hate speech protections, and Meta made similar changes in January 2025.
While the UK does not have an explicit right to freedom of speech, limited freedom of expression is guaranteed by Article 10 of the European Convention on Human Rights, as applied through the Human Rights Act 1998. Despite this, the UK has several laws that restrict certain forms of expression, such as the Terrorism Act 2006, which makes it an offence to "glorify" terrorism, and the Public Order Act 1986, which includes sections on stirring up racial and religious hatred.
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Hate speech penalties
Hate speech laws in England and Wales are found in several statutes, and differ slightly from the laws adopted in Scotland. Expressions of hatred toward someone on account of that person's colour, race, sex, disability, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation are forbidden. Any communication that is threatening or abusive and is intended to harass, alarm, or distress someone is also forbidden. The penalties for hate speech include fines, imprisonment, or both.
The Police and CPS have formulated a definition of hate crimes and hate incidents, with hate speech forming a subset of these. Something is a hate incident if the victim or anyone else thinks it was motivated by hostility or prejudice based on disability, race, religion, gender identity, or sexual orientation. A hate incident becomes a hate crime if it crosses the boundary of criminality. The CPS is responsible for deciding which cases go to court and whether there is enough evidence to prosecute a crime as a hate crime. In hate crime cases, the CPS is also responsible for asking the courts to increase the sentence that an offender receives to reflect the fact that the crime was a hate crime.
Some examples of hate speech cases in the UK include the arrest and conviction of evangelist Harry Hammond in 2001 for displaying a large sign with anti-homosexuality messages in Bournemouth. Hammond was fined £300 and ordered to pay £395 in costs. In another case, 19-year-old Chelsea Russell was charged with "sending a grossly offensive message by means of a public electronic communications network" after quoting a line containing a racial slur from a song on her Instagram page. Russell was found guilty and sentenced to a £585 fine, a curfew, and an ankle monitoring bracelet.
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Frequently asked questions
Yes, the UK has hate speech laws. These laws prohibit expressions of hatred toward someone based on their colour, race, sex, disability, nationality, ethnic or national origin, religion, or sexual orientation.
The hate speech laws in the UK are found in several statutes, including the Crime and Disorder Act 1998, the Public Order Act 1986, and the Communications Act 2003. The laws prohibit any communication that is threatening, abusive, or intended to harass, alarm, or distress someone.
The penalties for hate speech in the UK can include fines, imprisonment, or both. The specific penalty will depend on the severity of the offence and the discretion of the court.
If it is an emergency, you should call 999. If it is not an emergency, you can report a hate crime by calling the police on 101 or by filling in an online form at report-it.org.uk. There are also a number of organisations that can provide support and advice to victims and witnesses of hate crimes.
Some examples of hate speech cases that have been prosecuted in the UK include the case of Paul Hepplestall, who was found guilty of 'racially aggravated malicious communications' in 2017, and the case of Chelsea Russell, who was fined and given a curfew for posting a racist slur on Instagram in 2018.
