Cecily Zamora
Hate speech laws in the United Kingdom are found in several statutes, and differ slightly between England and Wales, and Scotland. The UK's hate speech laws have been established and amended in various phases over the past few decades. The Public Order Act 1986 makes it an offence for a person to use threatening, abusive or insulting words or behaviours that are likely to cause another person harassment, alarm or distress. The Crime and Disorder Act 1998 covers aggravated offences based on race and religion, with higher maximum sentences. The most recent development in hate speech legislation in the UK is the Hate Crime and Public Order Act (Scotland) Act 2021, which received Royal Assent on April 23, 2021, and came into force on April 1, 2024.
| Characteristics | Values |
|---|---|
| Hate speech laws in England and Wales | Found in several statutes, differing slightly from laws in Scotland |
| Protected characteristics | Colour, race, sex, disability, nationality, ethnic or national origin, religion, sexual orientation, gender identity |
| Hate crimes | Acts of violence or hostility directed at people because of who they are |
| Penalties for hate speech | Fines, imprisonment, or both |
| Reporting hate crimes | Call the police on 101 or fill in 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, Hate Crime and Public Order Act (Scotland) Act 2021 |
| Recent developments | In 2021, the Law Commission recommended reforms to treat all protected characteristics equally and extend protections to sex or gender |
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What You'll Learn
Hate speech laws in England and Wales
The Police and the Crown Prosecution Service (CPS) have formulated a definition of hate crimes and hate incidents, with hate speech forming a subset of these. A hate incident is defined as any incident that is perceived by the victim or any other person 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.
In England and Wales, the Public Order Act 1986, as amended by the Criminal Justice and Public Order Act 1994 and the Criminal Justice and Immigration Act 2008, prohibits expressions of racial hatred and incitement of hatred on the grounds of sexual orientation. The Act covers the use of words, behaviour, written material, public performances, recordings, and possession of inflammatory material.
The Crime and Disorder Act 1998 and the Sentencing Act 2020 also contain provisions related to hate speech and allow for sentencing uplifts in hate crime cases, providing courts with the direction to impose more severe penalties within the existing maximum sentence thresholds for the underlying non-hate crime.
Additionally, specific laws such as the Football Offences Act 1991, as amended by the Football (Offences and Disorder) Act 1999, forbid indecent or racialist chanting at designated football matches.
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Hate crime laws in Scotland
Hate crime laws in the United Kingdom are found in several statutes, and the laws in Scotland differ slightly from those in England and Wales. The Hate Crime and Public Order (Scotland) Act 2021 was given Royal Assent to become an Act of Parliament on 23 April 2021 and came into force on 1 April 2024. The Act adds age to the list of protected characteristics and allows sex to be added at a later date. It also abolishes the offence of blasphemy, which has not been prosecuted in Scotland for over 175 years.
The Act has been criticised for its stance on gender identity, with opponents claiming that Scottish First Minister Humza Yousef, who introduced the law, violated the act himself with an "anti-white" speech in 2020. Police Scotland received over 1,000 reports about Yousaf but stated that no violation had occurred, recording the speech as a "non-criminal hate incident". Supporters of the Act argue that it protects freedom of speech and is a positive step forward for the country.
The Scottish Government has also announced plans to add "sex" as a protected characteristic to the Act, ensuring that women and girls have the same protections as other groups. This decision comes after the government's previous rejection of a freestanding bill on misogyny. The addition of "sex" as a protected characteristic will be subject to consultation and a vote at Holyrood.
Hate crime data is now published regularly by the Crown Prosecution Service, and the police have formulated a definition of hate crimes and hate incidents. A hate incident becomes a hate crime if it crosses the boundary of criminality and is motivated by hostility or prejudice based on disability, race, religion, gender identity, or sexual orientation. The penalties for hate speech include fines, imprisonment, or both.
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Hate speech case studies
Hate speech laws in the UK are found in several statutes, and they differ slightly from the laws adopted in Scotland. These laws forbid expressions of hatred towards someone based on 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 prohibited. The penalties for hate speech include fines, imprisonment, or both.
Chelsea Russell Case (2017-2018)
In 2017, 19-year-old Chelsea Russell quoted a line from the song "I'm Trippin'" by Snap Dogg on her Instagram page. The line, "Kill a snitch nigga, rob a rich nigga", was copied as a tribute to her friend who had died in a car accident. Hate crime investigators charged Russell with "sending a grossly offensive message by means of a public electronic communications network". In April 2018, District Judge Jack McGarva found Russell guilty and sentenced her to a £585 fine, a curfew, and ankle monitoring.
Racially Aggravated Common Assault
A 28-year-old man was convicted of racially aggravated common assault after assaulting his family members and a police officer while using racist slurs. The offence was clearly racially aggravated as the suspect harboured hostility towards his sister's black partner.
Homophobic Public Order Offence (2022)
A man was convicted of a homophobic public order offence after repeatedly harassing a shop manager with homophobic, derogatory, and threatening comments. The victim and a colleague provided statements, and CCTV footage supported their account. The defendant pleaded guilty and received an indefinite restraining order, a 12-month exclusion requirement, a 12-month community order, and £200 compensation for the victim.
Racially Aggravated Public Order Offence
In a case prosecuted by CPS West Midlands, a defendant initially pleaded not guilty to charges of a racially aggravated public order offence, assaulting an emergency worker, and possession of drugs. However, before the trial, the defendant pleaded guilty to all charges. The lawyer decided it was in the public interest to prosecute, given the hate crime and assault on an emergency worker.
Homophobic Messages
A suspect pleaded guilty to a selection of charges, including homophobic messages. The prosecutor applied for an uplift in sentence, resulting in 12 months for the homophobic messages, up from the initial 9 months, to reflect the aggravating factor of the hate crime.
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Hate crime reporting and support
Hate crimes are taken very seriously in the UK, with several laws in place to protect people from hate speech and hate crimes. The UK has established various avenues for reporting hate crimes and supporting victims and witnesses. Here is some essential information about hate crime reporting and support in the UK:
Reporting Hate Crimes
If you or someone you know is in immediate danger or a crime is in progress, call 999 to report it to the police. This is the emergency phone number in the UK and should be used when urgent assistance is required.
If the situation is not an emergency, there are other options for reporting hate crimes. You can call the police on 101, which is the non-emergency phone number, or fill out an online form at report-it.org.uk. Reporting hate crimes is crucial, as it helps to hold offenders accountable and ensures that victims receive the necessary support.
Hate Crime Definitions
The Police and the Crown Prosecution Service (CPS) have formulated a definition to identify and flag hate crimes. A hate crime is considered "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, religion, sexual orientation, transgender identity, or gender identity." It is important to note that there is no legal definition of hostility, so everyday understanding of the word is used, which includes ill-will, spite, contempt, prejudice, and other similar sentiments.
Support for Victims and Witnesses
The UK has several organisations and charities that provide support for victims and witnesses of hate crimes. These organisations can also assist individuals in reporting hate crimes and navigating the legal process. The Crown Prosecution Service (CPS) has a Hate Crime External Consultation Group (ECG) that provides advice, support, and challenges to their work on hate crimes. Additionally, the CPS holds regular feedback groups to review cases with members of the community and improve their communication with victims, witnesses, and their families.
Legislation
The UK has various laws in place to address hate crimes and hate speech. These include the Crime and Disorder Act 1998, the Public Order Act 1986, the Sentencing Act 2020, and the Football Offences Act 1991 (amended by the Football (Offences and Disorder) Act 1999). These laws cover different aspects of hate crimes, including assault, criminal damage, public order offences, and harassment. The Crime and Disorder Act 1998 and Section 66 of the Sentencing Act 2020 allow prosecutors to apply for an uplift in sentencing for those convicted of a hate crime.
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Reforming hate crime laws
Hate speech laws in the United Kingdom are found in several statutes and prohibit expressions of hatred towards someone based on their colour, race, sex, disability, nationality, ethnic or national origin, religion, or sexual orientation. While these laws aim to protect citizens from hate crimes, there have been calls for reforms to address complexities and lack of clarity in the current laws. Here are some key aspects of reforming hate crime laws:
- Equal Protection for All Characteristics: The current laws have been criticised for not protecting all five protected characteristics to the same degree. For instance, aggravated offences specifically address racial and religious hostility, while stirring-up offences do not cover disability or transgender identity. Reforms should ensure that all five characteristics are equally protected by the law, providing greater protection for victims of disability and LGBT+ hate crimes.
- Legal Reforms for Disability Hate Crimes: The Law Commission has recommended legal reforms to assist in prosecuting exploitative forms of disability hate crimes that lack obvious "hostile" features. This aims to address the challenges in prosecuting these crimes and ensure that disabled victims receive equal protection under the law.
- Public Sexual Harassment Offence: The Law Commission has suggested extending hate crime legislation to include public sexual harassment as a specific offence. This proposal aims to be more effective than adding sex or gender to existing hate crime laws. The government is reviewing this recommendation to better protect women and girls from sexual harassment in public spaces.
- Safeguarding Freedom of Expression: While enhancing protections for victims of hate crimes, reforms should also safeguard freedom of expression. The focus should be on criminalising only the most egregious forms of hate speech. This includes providing explicit protection for "gender-critical" views, criticism of foreign governments, discussions on cultural practices, and immigration and citizenship policy.
- Reforming Stirring-Up Offences: The Law Commission has recommended reforms to the stirring-up hatred offences. This includes protecting private conversations, regardless of their location, and providing a new protection for "neutral reporting" of inflammatory hate speech by third parties.
- Sentencing Uplifts: Section 66 of the Sentencing Act 2020 provides courts with the direction to impose more severe penalties within the existing maximum sentence thresholds for underlying non-hate crimes. This allows for sentencing uplifts in cases of race, religion, sexual orientation, transgender identity, and disability where evidence of hostility is present.
- Aggravated Offences: The Crime and Disorder Act 1998 covers aggravated offences related to race and religion, with higher maximum sentences than their non-hate crime equivalents. Offenders are charged with racially or religiously aggravated versions of offences like assault, criminal damage, public order offences, or harassment when there is proof of racial or religious hostility.
- Hate Crime and Public Order Act (Scotland) 2021: This Act received Royal Assent on April 23, 2021, and came into force on April 1, 2024. It specifically addresses hate crime legislation in Scotland, which differs slightly from the laws in England and Wales.
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Frequently asked questions
Hate speech is any threatening or abusive communication that is intended to harass, alarm or distress someone. Hate speech is often motivated by prejudice or hostility based on factors such as race, religion, disability, nationality, sexual orientation, etc.
Hate speech is a criminal offence in the UK and can result in fines, imprisonment, or both. The Police and CPS work together to investigate and prosecute hate crimes, gathering evidence to show that the victim was targeted based on their protected characteristics.
Hate speech laws in the UK have evolved over time, with various statutes and acts addressing specific forms of hate speech. The Public Order Act 1986, Crime and Disorder Act 1998, and the Sentencing Act 2020 are examples of legislation that include provisions against hate speech. The most recent legislation is the Hate Crime and Public Order (Scotland) Act 2021.
If it is an emergency, call 999. For non-emergency situations, you can contact the police on 101 or fill out an online form at report-it.org.uk. There are also several charities and organisations that provide support and assistance in reporting hate crimes.
The five protected characteristics recognised by UK hate crime laws are race, religion, disability, sexual orientation, and transgender identity. However, it is important to note that these characteristics are not all treated equally under the current laws, with aggravated offences primarily focusing on racial and religious hostility.
