March 23, 2010: Homophobic Hatred: New Offence
People who intentionally stir up homophobic hatred could face up to seven years in prison under a new criminal offence introduced today. The offences extend to England and Wales.
The new law of inciting hatred on the grounds of sexual orientation is a key part of the Government’s strategy to ensure that people are not subjected to bullying and discrimination as a result of their sexuality.
As with the offences of stirring up racial or religious hatred, prosecution for the offences requires the consent of the Attorney General.. The stirring up of hatred should not be confused with the incitement to violence or other offences such as harassment or criminal damage.
Justice Minister and Deputy Women and Equality Minister Maria Eagle said:
‘People must be able to live their lives without fear of persecution or threats - that is why we have introduced this new law. Intentionally stirring up hatred because of sexual orientation will not be tolerated. Such behaviour is never justified or acceptable and the Government is determined to tackle it.'
‘This is not about stifling artistic creativity or criminalising comedians for making jokes that are not seen to be politically correct. The Government is not aware, for example, of any programme currently being broadcast on mainstream TV or radio which would be affected by this law.’
The new offence will cover words, behaviour or material which is threatening in nature, and which is intended to stir up hatred against people who are gay, lesbian, bisexual or heterosexual. The law will not prevent legitimate free speech or debate, or expressions of religious belief.
Stonewall Chief Executive, Ben Summerskill, said:
‘We’re delighted that incitement to hatred on grounds of sexual orientation can now finally be tackled effectively by the criminal law, in a similar way to hatred based on race or religion. When campaigning for this legal change, Stonewall uncovered a range of extreme websites and material stirring up anti-gay hatred. This new legislation will send a strong positive signal, encouraging more lesbian and gay people to report hate incidents. Lesbian, gay and bisexual people are entitled to live without fear like everyone else.’
The Government was provided with clear evidence that hatred is being stirred up against groups on the basis of their sexual orientation. Tackling homophobic hatred is a Government commitment that will remain a top priority. This new offence will complement the existing offences of inciting hatred on racial and religious grounds. Introducing these laws will help stamp out such behaviour.