New Zealand Human Rights Commission: Te Kähui Tika Tangata In 2016, the United Kingdom Home Affairs Parliamentary Select Committee conducted an inquiry into ‘Hate crime and its violent consequences.’ In May 2017, the Inquiry published a report “Hate crime: abuse, hate and extremism online.”166 Among its recommendations, were that:167 The Government should review the entire legislative framework governing online hate speech, harassment and extremism and ensure that the law is up to date. It is essential that the principles of free speech and open public debate in democracy are maintained—but protecting democracy also means ensuring that some voices are not drowned out by harassment and persecution, by the promotion of violence against particular groups, or by terrorism and extremism. The inquiry has been resumed by the current parliament.168 In September 2018 the Parliamentary Under-Secretary of State for Justice announced she would be asking the Law Commission to complete a wide-ranging review into hate crime to explore how to make current legislation more effective and consider if there should be additional protected characteristics.169 A consultation report is expected in early 2020. The first conviction for stirring up hatred on the grounds of sexual orientation occurred in the United Kingdom in 2012.170 The case involved men who distributed leaflets calling for the death of gay people.171 The defendants relied on their freedom to preach strongly held beliefs – beliefs they claimed had foundation in scripture.172 The Court stated that Parliament had not intended to stifle debate but to protect.173 The Court held that the freedom of expression provision did not extend to the leaflets distributed by the defendants that were found to be threatening to gay people.174 One defendant was sentenced to two years imprisonment and the other two defendants sentenced to 15 months imprisonment.175 Scotland Scotland only has criminal offences for stirring up hatred in relation to race. The provisions are found in sections 18 to 22 of the Public Order Act 1986, which is the United Kingdom statute that extends to Scotland. In January 2017, Scotland’s Minister for Community Safety and Legal Affairs announced an independent review of hate crime legislation in Scotland to be led by former Privy Council judge, Lord Bracalade. As part of the review, it looked at stirring up hatred offences and recommended in May 2018 that: • Stirring up hatred offences should be extended beyond racial hatred to other protected characteristics (such as, religion, sexual orientation, transgender identity and disability) including any new protected characteristics. • Any new stirring up hatred offences should (a) require conduct which is threatening or abusive; and (b) include a requirement (i) of an intention to stir up hatred, or (ii) that having regard to all the circumstances hatred in relation to the particular protected characteristic is likely to be stirred up thereby. • The current provisions in relation to stirring up racial hatred under the Public Order Act 1986 should be revised and consolidated in a new Act containing all hate crime and stirring up hatred legislation. Any replacement for the stirring up of racial hatred provisions should (a) require conduct Parliament, Hate Crime: abuse, hate and extremism online, (27 April 2017) <www.publications/parliament.uk>. At [56]. 168 Parliament, Home Affairs Committee: Hate crime and its violent consequences inquiry, (24 April 2017) <www.partliament.uk>. 169 Law Commission, Annual Report 2018-2019, (10 July 2019). 170 R v Ali, Javed and Ahmed (10 Feb 2012) (unreported) in Law Commission, Hate Crime: The case for extending the existing offence – consultation paper no 213 (2013) at [2.124]. 171 Sentencing remarks of HHJ Burgess in Ali, Javed and Ahmed (10 Feb 2012) https://www.judiciary.uk/wp-content/uploads/JCO/Documents/ Judgments/sentencing-remarks-r-v-ali-javed-ahmed.pdf 172 Ibid. 173 Ibid. 174 Ibid. 175 Ibid. 166 167 32