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Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

James Browne: ...as it sets a clear bar for the courts to assist them in determining what is incitement to violence or hatred. It is important to stress that the section was expressly drafted in line with the ECHR, does not create a defence for persons who are accused of incitement to violence or hatred and, therefore, cannot be exploited or abused by people who incite hatred to try to avoid a conviction....

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: ...hate speech but there is the very important issue of defending the right to freedom of expression and, therefore, it is clearly good practice to insert an explicit reference to article 10 of the ECHR, including the general principle that the right applies to the expression of information or ideas that offend, shock or disturb. That simply fits into the legislation. The Minister of State...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: ...to take account of the fact that people have the right to freedom of expression and, therefore, there is a balancing act here. It is clearly good practice to have an explicit reference to the ECHR in that regard.

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