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Incitement To Racial Hatred




Incitement to racial hatred . It comes under the provisions of §§ 17-29 of the Public Order Act 1986 . It was first established as a criminal offence in the by the Race Relations Act 1976 . The Criminal Justice And Public Order Act 1994 made publication of material that incited racial hatred an Arrestable Offence .

This offence refers to:
  • deliberately provoking hatred of a racial group, for example as happens in Neo-Nazi publications ( Jew s and Sikh s are also included)

  • distributing racist material to the public

  • making inflammatory public speeches

  • creating racist websites on the Internet (a recent usage)

  • inciting inflammatory rumours about an individual or an ethnic group, for the purpose of spreading racial discontent.


Holocaust Denial is not covered under this legislation, and neither is incitement to hatred against Muslims or other religions apart from the two included above. This has been criticised by Muslim groups who argue that it gives preferential treatment to other religions. As of 2005, the British government are attempting to bring in a similar law for Incitement To Religious Hatred , but this has met with tough opposition by civil liberties groups, comedians, and others, who argue that it would stifle religious debate. It is also argued that incitement against Muslims is already covered by existing laws concerning Incitement To Violence .

Some critics of this legislation assert that only certain Racial Groups are censored while other favored groups are not. The proponents of this legislation are criticized for apparently seeking to deny the right of free speech to others with legitimate concerns over issues such as immigration, crime, terrorism, etc. Some critics also argue that the definition of "racial hatred" is too vague, which could lead to people who told racist jokes, for example, being penalised, or even that racist discrimination may end up being protected . However, supporters of the law claim that it helps to protect vulnerable minorities from attack, and does not stifle legitimate debate (for example, about gun crime in Britain's black community).

In Australia , incitement to racial hatred is a criminal offence under the Racial Hatred Act 1995 . The Australian state of Victoria has gone further, with its enactement of the even more restrictive Racial And Religious Tolerance Act 2001 .


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