New homophobic anti-incitement offence comes
into force
A new criminal offence has come into force which
outlaws threatening behaviour or materials intended to stir up hatred against
people on grounds of their sexual orientation. Stonewall successfully lobbied
for the new law after it uncovered a range of extreme websites and material inciting
anti-gay hatred.
The new offence was included in the Criminal
Justice and Immigration Act 2008, which amends the Public Order Act 1986. It
creates offences of use of words or behaviour or display of written material,
publishing or distributing written material, public performance of a play,
distributing, showing or playing a recording, or broadcasting, if the act is
intended to stir up sexual orientation hatred, or allow possession of sexual
orientation inflammatory material. It covers England
and Wales.
The maximum penalty on indictment is seven years imprisonment, or a fine, or
both.
Stonewall sought a specific incitement offence
having uncovered extreme homophobic materials that the law was previously
powerless to address. Stonewall emphasise that the law is there to prevent and
tackle acts of serious hatred, not impede genuine freedom of speech or the
telling of jokes by comedians, as some have suggested.
May 2010
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