New Zealand Human Rights Commission: Te Kähui Tika Tangata There were differing views on how any new offences should be formulated – while some were happy with the wording proposed in the consultation, others were concerned the wording would set the threshold too high or, conversely, too low. However, there was broad agreement that stirring up offences should include a protection of freedom of expression provision, although there were differing views on how this should be framed.184 Northern Ireland The Public Order (Northern Ireland) Act 1987 includes the offences of acts intended or likely to stir up hatred or arouse fear, which corresponds closely to the principal relevant offences under the Public Order Act 1986. The offence of incitement to hatred defines “hatred” as “hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality (including citizenship), religion, ethnic or national origins, disability or sexual orientation”.185 The offences cover the use of words or behaviour or display of written material,186 publishing or distributing written material,187 distributing, showing or playing a recording,188 broadcasting or including programme in cable programme service,189 and require that the individual: (1) Intends to stir up hatred or arouse fear; or (2) Having regard to all the circumstances hatred is likely to be stirred up or fear is likely to be aroused thereby. Ireland The Prohibition of Incitement to Hatred Act 1989 makes it an offence to: (a) to publish or distribute written material, (b) to use words, behave or display written material— (i) in any place other than inside a private residence, or (ii) inside a private residence so that the words, behaviour or material are heard or seen by persons outside the residence, or (c) to distribute, show or play a recording of visual images or sounds, if the written material, words, behaviour, visual images or sounds, as the case may be, are threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred. The offence of incitement of hatred defines “hatred” as “hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation.”190 Canada Canada has both civil and criminal hate speech laws. Canada’s criminal hate speech laws are found at the federal, rather than provincial level, and are included in the Canadian Criminal Code. Following the 2013 repeal of the civil hate speech provisions of the Canadian Human Rights Act191 there are no longer any civil hate speech laws at federal level. However, some form of civil hate speech laws exist in most provinces. At [20]. Public Order (Northern Ireland) 1987, s 8. 186 Section 9. 187 Section 10. 188 Section 11. 189 Section 12. 190 Prohibition of Incitement to Hatred Act 1989, s 1. 191 Section 13 of the Canadian Human Rights Act 1985 made it a discriminatory practice to communicate by telephone or the internet that is “likely to expose a person or persons to hatred or contempt by reason of the face that the person or those persons are identifiable on the basis of a prohibited ground of discrimination.” The Canadian Human Rights Commission (CHRC) published two reports in 2008 and 2009 concerning section 13. The first, released in October 2008, was written by Richard Moon, a Canadian law professor. Professor Moon recommended that s 13 of the CHRA should be repealed so that the Canadian Human Rights Commission and the Canadian Human Rights Tribunal no longer deal with hate speech, and in particular hate speech on the Internet. The CHRC produced a Special Report to Parliament in 2009 and concluded that both the Criminal Code and the CHRA serve valid purposes in dealing with hate messages on the Internet. It therefore did not support the repeal of s 13; however, it proposed a number of reforms. Bill C-304 was introduced in the House of Commons by a Member of Parliament on 30 September 2011. In 2012 the House of Commons voted to repeal s 13(1) and on 26 June 2013 it was finally repealed. 184 185 34