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Original poster

Ofcom's new definition of hate speech

26 replies

Imnobody4 · 01/01/2021 13:07

Eternal vigilance still necessary in 2021. Published on 31st Dec.
www.ofcom.org.uk/tv-radio-and-on-demand/broadcast-codes/broadcast-code/section-three-crime-disorder-hatred-abuse

Meaning of “hate speech”

All forms of expression which spread, incite, promote or justify hatred based on intolerance on the grounds of disability, ethnicity, social origin , gender, sex, gender reassignment, nationality, race, religion or belief, sexual orientation, colour, genetic features, language, political or any other opinion, membership of a national minority, property, birth or age.
I suppose spreading hatred of 'terfs' is covered by political or any other opinion. And I suppose Jacob Rees-Mogg now gets a free pass.
Is this the result of consultation with Stonewall?

OP posts:
nauticant · 01/01/2021 13:15

That could be OK. But it depends on how "hatred" is assessed. Is there a determination of "hatred"? If so, how is it determined and does it require more than a "victim" of "hatred" simply identifying as such?

MondayYogurt · 01/01/2021 13:19

genetic features

So we can report blonde jokes now?

DeaconBoo · 01/01/2021 13:23

@MondayYogurt

genetic features

So we can report blonde jokes now?

Exactly, this one jumped out at me, too. We don't actually know how much genetics plays in the role of eg criminal behaviour, self-serving personalities, learning difficulties, etc. So to condemn criminals might be doing so on genetic features? But hate speech is a crime?
Biscuitsanddoombar · 01/01/2021 13:24

Are those terms defined for clarity eg hatred, gender,

Also hate speech on the grounds of property? What?

OhHolyJesus · 01/01/2021 13:30

Even using gender without following it wi the identity means it's not clear.

They say sex and not everyone would know what that meant as they think gender means sex.

I think OFCOM will need to provide definitions but I haven't read the link yet...

ErrolTheDragon · 01/01/2021 13:35

Are they trying to say All forms of expression which spread, incite, promote or justify hatred based on any form of intolerance.?

DeaconBoo · 01/01/2021 13:37

Spreading hatred based on an opinion is odd. I do feel hatred myself at racists, the Westboro Baptists etc. I think others should disagree vehemently with their opinions. I don't think people should physically harm the people expressing them, but I do think there should be loss of liberty in certain cases - I assume that isn't physical harm? Is expressing my dislike of those opinions "spreading hate"? Is it hatred to want those opinions to not be voiced - obviously not or the hate speech guidance would be hate speech itself!

Gurufloof · 01/01/2021 13:39

Property? What does that even mean?

I've got a bigger house than you? Oh look at my fabulous record collection? See me in my designer togs?

Original poster
Imnobody4 · 01/01/2021 13:59

The linking of harm and offence is particularly worrying.
www.ofcom.org.uk/tv-radio-and-on-demand/broadcast-codes/broadcast-code/section-two-harm-offence

Principle
To ensure that generally accepted standards are applied to the content of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material

In the section on context they include
the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally or programmes of a particular description;

OP posts:
ChattyLion · 01/01/2021 14:06

Hold on, I thought nobody had a right not to be offended?

Notts2021 · 01/01/2021 14:10

All forms of expression which spread, incite, promote or justify hatred based on intolerance on the grounds of disability, ethnicity, social origin , gender, sex, gender reassignment, nationality, race, religion or belief, sexual orientation, colour, genetic features, language, political or any other opinion, membership of a national minority, property, birth or age.

That's a complicated sentence.

If I pick out one version of it:

All forms of expression which justify hatred based on intolerance on the grounds of [any other] opinion.

They won't allow anyone to justify hatred based on intolerance of an opinion.

So saying I hate someone who has the opinion that 'killing is fun' would be hate speech? Basically they are saying that hatred can never be expressed.

ColourMagic · 01/01/2021 14:18

So "gender" is listed twice, "gender" and "gender reassignment". Covering all bases?

KeepPrisonsSingleSex · 01/01/2021 14:32

Please can I urge anyone who hasn't yet made a submission to the consultations on Freedom of Expression and Freedom of Expression Online to consider doing so? This latest from Ofcom is the sort of evidence that can be referred to:

Closing date 15th January:
committees.parliament.uk/work/745/freedom-of-expression-online/

Closing date 31st January:
committees.parliament.uk/call-for-evidence/307/freedom-of-expression/

No lengthy reports to wade through and can focus on the issues relevant to you.

MondayYogurt · 01/01/2021 15:40

@Gurufloof

Property? What does that even mean?

I've got a bigger house than you? Oh look at my fabulous record collection? See me in my designer togs?

This is a very specific clause relating to people being mean to Kirstie Allsopp.
Original poster
Imnobody4 · 01/01/2021 15:46

Yes, I'd echo that. I think the freedom of expression one will be important in challenging whatever the Law Commission comes up with. It's also a Joint HoC and HoLs so has a broader spread than some of the select committees. Joanna Cherry is on it so we need to give her ammunition.

OP posts:
NiceGerbil · 01/01/2021 16:12

How is comedy going to work then?

ErrolTheDragon · 01/01/2021 16:22

@NiceGerbil

How is comedy going to work then?
Fine - good comedians don't need to 'spread, incite, promote or justify hatred based on intolerance ' of any sort.

Bad news for Frankie Boyle and his ilk, maybe.

HecatesCats · 01/01/2021 16:31

This is a very specific clause relating to people being mean to Kirstie Allsopp.

Grin Kirsty is also covered by "social origin", no more jokes about posh, rich people. Good news for KA, very bad news for FB.

DeaconBoo · 01/01/2021 16:32

Even "tolerance" is a weird one. Lots of racists will "tolerate" the existence of ppl of colour - as long as they remain disadvantaged in some way. It's those people achieving success, good fortune, or basically, equality, that they won't tolerate.

stumbledin · 01/01/2021 17:08

This came up on a previous thread when the head of Ofcom said she would be taking her lead from Stonewall.

There was meant to be a campaign to get a lot of complaints saying she had shown bias. But I dont think anything came of it.

So its not a surprise.

Shame she wasn't challenged at the time. They must think they can get away with what they want.

Original poster
Imnobody4 · 01/01/2021 17:24

Cue Stonewall's response
twitter.com/stonewalluk/status/1344971779878621189?s=19
Good news! @Ofcom, UK's communications regulator, has updated its code on hate speech.

The code is now explicit that broadcasters can't show material that spreads, incites, promotes or justifies hatred based on gender reassignment or sexual orientation.

t.co/6PDHeWzDiL

OP posts:
Original poster
Imnobody4 · 01/01/2021 17:51

It's now hitting the newspapers
www.dailymail.co.uk/news/article-9103517/amp/Ofcom-widens-definition-hate-speech-include-transgender-intolerance.html?__twitter_impression=true

572 comments so far.

OP posts:
BuntingEllacott · 01/01/2021 18:11

Hatred isn't a good thing. But you can't end it by these means. Pure folly.

UppityPuppity · 11/01/2021 14:38

KeepPrisonsSingleSex

Please can I urge anyone who hasn't yet made a submission to the consultations on Freedom of Expression and Freedom of Expression Online to consider doing so? This latest from Ofcom is the sort of evidence that can be referred to:

Closing date 15th January:
committees.parliament.uk/work/745/freedom-of-expression-online/

Closing date 31st January:
committees.parliament.uk/call-for-evidence/307/freedom-of-expression/

No lengthy reports to wade through and can focus on the issues relevant to you.

Done - and bumpity bump.

highame · 11/01/2021 14:49

Takers lead from Stonewall and not from the law. As someone pointed out, a judge said recently that no one has the right not to be offended.

Methinks Ofcom need a better legal department and less stonewall