Rónán Mullen (Independent) | Oireachtas source

One of the most fundamental freedoms we enjoy as citizens of a democracy is freedom of expression. That is one of the things that marks us out from countries like China and many others that disregard human rights constantly. People are free in our society to express their thoughts freely, subject to the minimum of restrictions. The real test of our tolerance as people is our willingness to accept and take on board that people will express different points of view. It is not the people who trenchantly express points of view that we agree with. That is not where the test of our tolerance and liberalism is. It is when we passionately disagree with those people.

It is in that context that I note the publication of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, discussion of which is soon to commence in the Dáil. This is very important legislation. It is important that we scrutinise it carefully. Following recommendations I made directly to the Department of Justice, I am glad to see the inclusion of reasonable contributions not just on literary and scientific matters but also religious discourse. That is very important.

I also note that section 11 provides for a direct recognition of freedom of expression around discussion or criticism of matters related to a protected characteristic, where a contribution to debate or material or behaviour is solely that. Therefore, mere discussion or criticism of matters related to protected characteristics cannot be caught by the legislation. This is important because in striking the balance between freedom of expression and prevention of incitement to hatred in our society, the balance can be got wrong. The UN Assistant Secretary-General for human rights, Ilze Brands Kehris, has pointed to the danger of disinformation being used as a pretext to intimidate and harass critical voices. States sometimes get it wrong when they clone other countries' legislation in this area, where governments respond to public pressure by rushing in with simple solutions for complex problems.