Racist Hate Speech Law In Ireland: The Need For Reform

• Author: David Cowhey
• Pages: 34-45

Cork Online Law R eview 2006 4

Cowhey, Racist H ate Speech Law in Ireland:

the Need for Refor m

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RACIST HATE SPEECH LAW IN IRELAND: THE NEED FOR

REFORM

David Cowhey

ABSTRACT

In this paper, David Cowhey critically evaluates the effectiveness of

the Irish legislation dealing with racist hate speech, the is the Prohibition of

Incitement to Hatred Act 1989. He examines the background to this Act and

its operation in practice, arguing that legislation of this nature is perhaps

not the most appropriate means of dealing with the offence of racist hate

speech. He also suggest that this legislation does not adequately discharge

Ireland’s obligations under existing international human rights law and

proposes that the offence could be more effectively addressed by existing

public order legislation

A INTRODUCTION

Racist hate speech, and laws which seek to restrain it, have always been

to the forefront of debate in international human rights law. The balancing of

rights between seeking to protect various minority groups from racist abuse

while attempting to limit the right to free speech as little as possible has

always been a difficult challenge for legislators. It is also clear that hate speech

laws by their very nature involve a political dimension and as such the

drafting of such legislation requires the utmost care to ensure that an effective

remedy for victims of racist abuse can be provided, while impinging on the

right to free speech as little as possible.

In particular, Ireland’s continuing evolution as a multicultural society

has led to questions as to whether we have an effective legislative response to

the threat of racist abuse. This debate has centered on the effectiveness of the

Prohibition of Incitement to Hatred Act 1989, and whether the Act should be

replaced. But are specific hate speech laws like the Prohibition of Incitement

to Hatred Act the best response to race hate speech or should general public

order legislation be used? In this paper I will argue that existing public order

legislation should be used to prosecute incitement to racial hatred offences in

Ireland because it is potentially more effective at providing a remedy for

victims of racist abuse and does not involve many of the political connotations

associated with prosecutions under the Prohibition of Incitement to Hatred

Act. In addition, the Prohibition of Incitement to Hatred Act will be shown to

have fundamental problems relating to definitions of terms such as “hatred”

and “incitement”, and as such there are serious doubts as to whether racial

hatred offences can be successfully prosecuted using the Act.

B HATE SPEECH LAW IN IRELAND