Hello!
We discussed this a bit on the feminist board, so leaving some points here as asked:
Legally there is no such thing as 'hate speech' - a 'hate crime' is an aggravating element to an existing crime. So if you assault someone but while doing so you use defamatory words referring to their identity that can be taken into account when sentencing.
'Hate crime is defined as ‘any criminal offence which is perceived, by the victim or any other person, to be motivated by hostility or prejudice towards someone based on a personal characteristic.’ There are five centrally monitored strands of hate crime:
race or ethnicity
religion or beliefs
sexual orientation
disability
transgender identity'
www.gov.uk/government/statistics/hate-crime-england-and-wales-2017-to-2018
It's a pretty vague definition, and that's probably largely why so many people are critical of the law.
'Hate crime' isn't the same as the Equality Act, the PCs are different (sex isn't included).
www.cps.gov.uk/crime-info/hate-crime
'The law recognises five types of hate crime on the basis of:
Race
Religion
Disability
Sexual orientation
Transgender identity'
...
'The police and the CPS have agreed the following definition for identifying and flagging hate crimes:
"Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity."
There is no legal definition of hostility so we use the everyday understanding of the word which includes ill-will, spite, contempt, prejudice, unfriendliness, antagonism, resentment and dislike.'