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Convictions under the Racial and Religious Hatred Act 2006—due to come into force in October—could be difficult because its free speech exemptions are so wide, lawyers say.
Using threatening words or behaviour to stir up religious hatred will become an imprisonable offence when the new law—which amends the Public Order Act 1986—comes in on 1 October 2007. It will extend protection to followers of all religions and offences can be written, spoken and broadcast or published words or actions. Religious hatred includes hatred against a group defined by their religious belief or lack of religious belief.
However, David Woods, a litigation specialist with Pinsent Masons, says the freedom of speech exemption is so wide that prosecutors may be deterred from bringing all but the clearest-cut cases of criminal behaviour: “Some accused will argue that their anti-religious behaviour was an expression of abuse or an effort to change someone’s beliefs, and that behaviour is lawful. The defence lawyer only needs to give grounds for a reasonable doubt to keep a client out of prison.”
“When the government proposed this law it said it was protecting the believer, not the belief. But that’s a distinction that defence teams will endeavour to exploit,” he adds.
