Ireland: A 'Governments Poop On Speech' Special
Ireland's parliament want a new hate speech bill by Christmas, may settle for 2024
This one needed a special edition.
Behold the CRIMINAL JUSTICE (INCITEMENT TO VIOLENCE OR HATRED AND HATE OFFENCES) BILL 2022 - putting the name in ALL CAPS is a total power move by the Dáil. The link is to the text of the proposed bill - peruse at your leisure, for your pleasure, take its measure. Okay, I’m out of rhymes.
For a clear video summary of the situation in Ireland that has led to the bill being expedited on its way through the legislative digestive system, see here.
Under-sell: The Irish Times published a rather sanguine Q&A about the new law and what it would mean.
Over-sell: Defence Connect in Australia published a more heated piece detailing the problematic nature of the bill’s provisions.
Key takeaways include (quotes from the bill in italics):
HATE MEANS…HATE: ‘“hatred” means hatred against a person or a group of persons in the State or elsewhere on account of their protected characteristics or any one of those characteristics’
NO MORE MEMES: Jurisdiction includes anyone storing prohibited material in Ireland, regardless of their physical location, and also anyone physically in Ireland, regardless of where the prohibited material is stored - imagine getting busted in Saudi Arabia for a bag of weed you have in your sock drawer in Paris
NO CRIME NEEDED: Sharing or even possessing something that could incite hatred would be an offence, i.e. no hatred has to have been acted upon and no violence has to have resulted from the material
“DESCENT” IS PROTECTED: ‘references to “descent” include references to persons or groups of persons who descend from persons who could be identified by certain characteristics (such as race or colour), but not necessarily all of those characteristics still exist’
GENDER MEANS…GENDER: “gender” means the gender of a person or the gender which a person expresses as the person’s preferred gender or with which the person identifies and includes transgender and a gender other than those of male and female’
RELIGION MEANS ALL OR NOTHING: ‘references to “religion” include references to the absence of a religious conviction or belief’
HATRED MEANS HATRED1
So, to summarise, *takes deep breath*:
If you do or say or possess or share anything that could be construed as being likely to incite anyone else anywhere to exhibit hatred towards someone who has a protected characteristic, which includes everything about them, like their ancestry even if you don’t know it and can’t see it, or their religion, even if they are an atheist and practice no religion because “religion” includes people who have no religion, even if you do not do or say or possess or share that something in Ireland but there is evidence that you have done it or said it or possess(ed) it or shared it elsewhere, you are a hate criminal in Ireland, and if you have a draft of anything like the foregoing that you haven’t shared, you are also guilty of the same offence unless you can prove that you were not going to share it or that you have a defence for possessing it, and you have to surrender your electronic devices and supply your passwords on demand.
Ireland really is the home of blarney, at least until someone finds that word offensive.
Here’s Pauline O’Reilly from the Irish Green Party explaining why this is all a good thing.
To close this out, I asked ChatGPT to turn the above description of the new hate speech law into song lyrics. Anyone fancy turning it into a proper tune? I think it would fit an Irish folk mode or a stylistic tribute to The Pogues (shout out to the recently fallen Shane MacGowan).
Enjoy!
(Verse 1)
In a land where words hold weight,
Caution's the key, don't underestimate.
If you do or say, possess or share,
Be mindful, my friend, of the stories you bear.
(Chorus)
Hate's a dangerous game, in Ireland it's clear,
Where every word spoken, every notion sincere.
Protected characteristics, a shield strong and wide,
Ancestry, religion, in the shadows, they hide.
(Verse 2)
Even if you can't see, their ancestry deep,
Or their lack of faith, in silence, they keep.
Atheist or devout, the line's paper-thin,
In this song of laws, where do we begin?
(Pre-Chorus)
But if hatred you sow, or if seeds you plant,
In any soul's garden, in any distant land.
Be wary, my friend, for Ireland decrees,
A hate criminal, you shall be.
(Chorus)
Hate's a dangerous game, in Ireland it's clear,
Where every word spoken, every notion sincere.
Protected characteristics, a shield strong and wide,
Ancestry, religion, in the shadows, they hide.
(Bridge)
Evidence echoes, across borders it flies,
If you've left a trace, under foreign skies.
Not just words spoken on Emerald Isle,
Anywhere you roam, beware the trial.
(Verse 3)
Possession of drafts, a silent offense,
In the world of pixels, and digital defense.
Surrender devices, unlock the gate,
Prove your innocence, before it's too late.
(Pre-Chorus)
But if hatred you sow, or if seeds you plant,
In any soul's garden, in any distant land.
Be wary, my friend, for Ireland decrees,
A hate criminal, you shall be.
(Chorus)
Hate's a dangerous game, in Ireland it's clear,
Where every word spoken, every notion sincere.
Protected characteristics, a shield strong and wide,
Ancestry, religion, in the shadows, they hide.
(Outro)
So tread with care, in this lyrical land,
Where the law's a melody, written in the sand.
Speak with love, let compassion prevail,
In the song of unity, let hatred fail.
This was a deliberate choice to demonstrate the circularity of the definition.