Should hate speech be protected by freedom of speech laws?

Scotland’s "hate speech law" sparks global outrage

A new Scottish law that criminalizes the “stirring up of” hatred against some groups has triggered a debate far beyond its borders, pitting human rights activists who say it’s needed against a rising tide of harassment and violence against conservative celebrities and politicians who say the law threatens free speech.Scotland’s law, enacted last week, makes it an imprisonable offense to incite hatred on the basis of race, religion, transgender identity, sexual orientation, age or disability.“If … it’s intended to stir up hatred because of their membership of that group, then that is a criminal offense,” Nick McKerrell, a senior law lecturer at Glasgow Caledonian University, said in a telephone interview Monday. In Scotland, prosecutors recorded 1,884 hate crime charges relating to sexual identity in 2022-23 — representing an eighth consecutive year-on-year increase — in addition to 55 charges relating to transgender identity.Rights groups say the change is a much-needed extension of hate crime protections, consolidating them into a single statute for the first time. Its opponents — including Harry Potter author J.K. Rowling — say they are concerned that the protections are so broad that they could unfairly criminalize free expression. (Critics have also argued that women should be listed as a protected category, too; the Scottish government says it intends to do this through separate legislation.)The furor underlines the polarizing impact of attempts by legislators around the world to find a balance. Backlash to the law has been so fierce that it reportedly prompted far-right agitators to flood police with crime reports to overwhelm them in protest.Legal experts and the Scottish government say the threshold for criminality is high enough to prevent the stifling of debate, pointing out that the law cannot be used to censor jokes or views that are offensive or shocking.“The test is that it has got to be threatening or abusive to someone, or it has to cause them fear or alarm,” McKerrell said. “That’s a very high threshold.”In a series of social media posts, which misgendered trans women and mocked their physical appearance, Rowling — who lives in Scotland — wrote that “freedom of speech and belief are at an end … if the accurate description of biological sex is deemed criminal,” and dared Scottish police to arrest her “if what I’ve written here qualifies as an offense.”Rowling’s remarks last week drew condemnation from rights groups — Stonewall, Britain’s largest LGBTQ charity, said they “trivialise the very real violence committed against us.” Scottish police said Rowling’s comments were “not assessed to be criminal and no further action will be taken,” the Associated Press reported.Scotland’s leader, Humza Yousaf, told the BBC the newly created offenses “have a very high threshold for criminality.”“JK Rowling’s tweets may well be offensive, upsetting and insulting to trans people,” Yousaf said, “but it doesn’t mean that they meet a threshold of criminality of being threatening or abusive and intending to stir up hatred.”Outside Britain, Elon Musk and Joe Rogan were among the high-profile celebrities to critique the legislation. In an episode of his podcast last month, Rogan described the new law as “ridiculous” and incorrectly suggested that it empowered Scottish police to specifically target comedians.

Brazil threatens to regulate social media after clash with Elon Musk

Brazil’s attorney-general has demanded “urgent regulation” of social media sites after Elon Musk threatened to disobey a court order banning certain profiles on his X platform and then called for a Supreme Court justice to “resign or be impeached”.“It is urgent to regulate social networks,” said Jorge Messias.“We cannot live in a society in which billionaires domiciled abroad have control of social networks and put themselves in a position to violate the rule of law, failing to comply with court orders and threatening our authorities.”The comments came after X’s global government affairs team posted that it “has been forced by court decisions to block certain popular accounts in Brazil”. “We do not know the reasons these blocking orders have been issued [and] We are prohibited from saying which court or judge issued the order, or on what grounds.”The profiles are probably linked to far-right movements, which have found fertile ground on X and other social media platforms, including Telegram.Musk suggested the court orders came from Alexandre De Moraes, a Supreme Court justice who has been a vocal advocate of cracking down on anti-democratic content online, particularly following riots on January 8 last year when thousands of far-right demonstrators stormed government buildings in Brasília.Musk, the billionaire owner of X, vowed on Sunday to “publish everything demanded by [De Moraes] and how those requests violate Brazilian law”.He called for Moraes to “resign or be impeached” and said the judge had “brazenly and repeatedly betrayed the constitution and people of Brazil”.Musk, a self-declared free speech absolutist, bought X in late 2022 and quickly relaxed its moderation policies and reinstated several previously banned accounts. The moves have been welcomed by some on the right, but critics including civil rights groups have argued the platform is failing to adequately police hate speech and extremist content.Musk’s latest comments echo talking points of Brazil’s far-right, which has long accused De Moraes and the Supreme Court of censorship and running a “judicial dictatorship”.De Moraes is widely considered to have played a role in protecting Brazilian democracy during the 2022 presidential election, when the president at the time Jair Bolsonaro was spreading unsubstantiated claims about the integrity of the electoral system.De Moraes also took a hard line in the aftermath of the Brasília riots, handing down lengthy sentences and accusing the demonstrators of trying to launch a coup.Orlando Silva, a lawmaker aligned with the government, said Musk had disrespected the judiciary and that in response he would propose legislation setting out a “responsibilities regime for these digital platforms”.“We have reached a limit. It is a response in defence of Brazil,” he said.The extent of the threat to Brazilian democracy in 2022 was highlighted by a police investigation in February, which has alleged that Bolsonaro, in conjunction with several military officers, considered an armed intervention to prevent President Luiz Inácio Lula da Silva from taking office. Bolsonaro denies the claims.As part of the alleged plot, Bolsonaro had De Moraes put under constant surveillance for weeks following the polls in October 2022, according to federal police.Social media platforms have faced increasing pressure to comply with new laws in countries such as India and Turkey, which can require them to take down content or face bans, fines or the imprisonment of staffers.Critics argue such rules are oppressive and can be abused by country leaders to silence dissidents and activists.Despite regularly espousing free speech ideals, Musk has previously come under fire from critics for appeasing censorship demands from various governments. More recently, however, X has taken to posting publicly about the requests they receive.

Poland's New "Hate Speech" Law : 3 Years In Jail For Insulting LGBT People

On Wednesday, the Polish Ministry of Justice published a draft amendment to the penal code regarding hate speech on the website of the Government Legislation Center.In a strong stand against government plans to penalize what it calls "hate speech," Poland's Confederation party asserts the need for free and unrestricted public discourse“The introduction of the proposed solutions will ensure enhanced and full criminal law protection against the use of violence or unlawful threats, incitement to hatred, insults and violations of bodily integrity due to the disability, age, gender, sexual orientation or gender identity of the injured party,” reads the draft.The draft also threatens up to five years in prison for “threats.”However, even for “insults,” which are loosely defined, penalties could be extremely harsh under the new draft law.Provisions regarding gender, sexual orientation and gender identity have been added to article 256, which covers incitement to hated and in article 257 regarding insults.Now, under these new rules, “insults” against sexual orientation or gender identity will be punishable by up to three years in prison.Opposition parties in Poland were already warning against proposals to change hate speech laws in January of this year when the new government first came to power. They argued that such changes would effectively end free speech in Poland and represent a grave threat to religious freedom, with Catholicism in particular critical of many aspects of LGBT.“The ruling coalition, as part of its coalition agreement, has announced that they want to penalize so-called hate speech. The current left-wing Deputy Minister of Justice Krzysztof Śmiszek, from the New Left, has stated that his department is currently working on introducing these regulations, which limit freedom of speech and public debate in Poland. We, as the Confederation, strongly oppose this. The direct consequence of criminalizing certain words will, in fact, be the criminalization of conservative, religious, Christian views,” said Confederation MP Karina Bosak on Friday.Dobromir Sośnierz, another party member, highlighted concerns about the subjective nature of defining hate speech.“What the left understands by so-called hate speech, in practice, will mean speech hated by Minister Śmiszek, not necessarily speech that expresses hatred towards someone, but something that leftists dislike,” he remarked.

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