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Joecooool

Original Poster:

1,019 posts

114 months

[news] 
Wednesday 12th May 2010 quote quote all
I had this article forwarded to me -

http://www.theaustralian.com.au/news/opinion/thoug...

I am confused, is it against the law to make a racist comment in public or are these isolated incidents?


The Riddler

6,512 posts

83 months

[news] 
Wednesday 12th May 2010 quote quote all
Joecooool said:
I had this article forwarded to me -

http://www.theaustralian.com.au/news/opinion/thoug...

I am confused, is it against the law to make a racist comment in public or are these isolated incidents?
It is against the law to act in any way which may cause harrasment, alarm or distress. Although in the UK racism only counts if your being 'racist' towards a 'minority' group.

Joecooool

Original Poster:

1,019 posts

114 months

[news] 
Wednesday 12th May 2010 quote quote all
The Riddler said:
Joecooool said:
I had this article forwarded to me -

http://www.theaustralian.com.au/news/opinion/thoug...

I am confused, is it against the law to make a racist comment in public or are these isolated incidents?
It is against the law to act in any way which may cause harrasment, alarm or distress. Although in the UK racism only counts if your being 'racist' towards a 'minority' group.
So one could be arrested for simply calling someone else a racial slur?

The Riddler

6,512 posts

83 months

[news] 
Wednesday 12th May 2010 quote quote all
I believe so.

Racially or religiously aggravated public order offences

Wiki said:
Fear or provocation of violence and intentional harassment, alarm or distress

Section 31(1)(a) creates the distinct offence of racially or religiously aggravated fear or provocation of violence. A person is guilty of this offence if he commits an offence under section 4 of the Public Order Act 1986 (see fear or provocation of violence) which is racially or religiously aggravated within the meaning of section 28.

Section 31(1)(b) creates the distinct offence of racially or religiously intentional harassment, alarm or distress. A person is guilty of this offence if he commits an offence under section 4A of the Public Order Act 1986 (see intentional harassment, alarm or distress) which is racially or religiously aggravated within the meaning of section 28.

A person guilty of either of these offences is liable on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.31(4)).

Harassment, alarm or distress

Section 31(1)(c) creates the distinct offence of racially or religiously harassment, alarm or distress. A person is guilty of this offence if he commits an offence under section 5 of the Public Order Act 1986 (see harassment, alarm or distress) which is racially or religiously aggravated within the meaning of section 28.

A person guilty of this offence is liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 4 on the standard scale (s.29(3)).
http://en.wikipedia.org/wiki/Crime_and_Disorder_Ac...

http://en.wikipedia.org/wiki/Harassment,_alarm_or_...

Bit of light reading there, Make of it what you will.


Edited by The Riddler on Wednesday 12th May 03:35

Joecooool

Original Poster:

1,019 posts

114 months

[news] 
Wednesday 12th May 2010 quote quote all
Wow, that's pretty shocking.

I can't believe you don't have the right to free (how ever appalling) speech.

If they had that law over here half the country would be locked up the first day. laugh


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The Riddler

6,512 posts

83 months

[news] 
Wednesday 12th May 2010 quote quote all
Joecooool said:
Wow, that's pretty shocking.

I can't believe you don't have the right to free (how ever appalling) speech.

If they had that law over here half the country would be locked up the first day. laugh
Well, for it to become an offense first you have to have someone make a complaint.

"Hello yes officer, I just heard some chap on the high street talking about xyz in a derogatory way, I am alarmed and distressed about it." - I dont think that complaint would get very far.

However, say you happen to get into a fight with someone of a different race, and you are heard to call them a xyz /tt whatever, it then becomes a racially motivated offence.

We do have the right to free speech, we just have to be careful how we exercise it.. wink

A slighty different story with a similar theme is the guy who joked about blowing a uk airport up on a social networking site who was then prosecuted.

Slight tangent, and hope its understandable.. Its late! sleep

The Riddler

6,512 posts

83 months

[news] 
Wednesday 12th May 2010 quote quote all
Oh, and I might be totally wrong about all of the above! biggrin
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