UK Criminal Law Prohibiting Threatening Speech Against Gays May Lose Free Speech Protection

Part 3A of the Public Order Act of 1986, as amended, criminally prohibits a variety of speech intended to "stir up" religious hatred or hatred "on the grounds of sexual orientation." The law today has a section protecting free expression, which provides:

29J Protection of freedom of expression

Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system.

In a bill currently before the UK Parliament, the houses are considering repealing section 29J entirely (Section 58 of the Coroners and Justice Bill). Some believe this would have the effect of criminalizing comedy routines and other dramatic productions. Others believe that it would provide a huge loop hole for threatening and harassing remarks against gays and lesbians. Hat tip to the Lesbian and Gay Foundation's news page.

Please Note: the UK Statute Law Database hasn't consolidated the Racial and Religious Hatred Act 2006, which added the original Part 3A that only applied to speech stirring up religious hatred, into Public Order Act of 1986. It also has not consolidated the later amendment, Criminal Justice and Immigration Act 2008, that later added sexual orientation. For the text of those sections, please see the laws linked above.