Hate Crime?

Author
Discussion

BlackLabel

13,251 posts

123 months

Monday 21st August 2017
quotequote all
"Prosecutors will be ordered to treat online hate crime as seriously as offences carried out face to face in plans announced by the director of public prosecutions.

Alison Saunders said the Crown Prosecution Service will seek stiffer penalties for abuse on Twitter, Facebook and other social media platforms.

Saunders says the crackdown is needed because online abuse can lead to the sort of extremist hate seen in Charlottesville in the United States last weekend, which left one person dead."

https://www.theguardian.com/society/2017/aug/21/cp...

Pothole

34,367 posts

282 months

Monday 21st August 2017
quotequote all
AJS- said:
An equally simple answer, because being a bellend in the opinion of Some Gump isn't a criminal offence.

I want to know what is deemed to be a criminal opinion.
Nothing is deemed to be a criminal opinion.

The definition wording of religiously aggravated offences is quite easy to find if you are, in fact, genuinely interested and not just wanting to find something to argue about.

"Section 28 of the Crime and Disorder Act 1998 provides a definition of the term 'racially or religiously aggravated' for the purposes of sections 29 to 32 of the Act.

28(1) An offence is racially or religiously aggravated for the purposes of sections 29 to 32 below if -


(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's membership (or presumed membership) of a racial or religious group; or
(b) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

28(2) In subsection (1)(a)-

membership,
in relation to a racial or religious group, includes association with members of that group;

presumed
means presumed by the offender.

28(3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

28(4) In this section racial group means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

28(5) In this section religious group means a group of persons defined by reference to religious belief or lack of religious belief."




Not-The-Messiah

3,620 posts

81 months

Monday 21st August 2017
quotequote all
Pothole said:
Nothing is deemed to be a criminal opinion.

The definition wording of religiously aggravated offences is quite easy to find if you are, in fact, genuinely interested and not just wanting to find something to argue about.

"Section 28 of the Crime and Disorder Act 1998 provides a definition of the term 'racially or religiously aggravated' for the purposes of sections 29 to 32 of the Act.

28(1) An offence is racially or religiously aggravated for the purposes of sections 29 to 32 below if -


(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's membership (or presumed membership) of a racial or religious group; or
(b) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

28(2) In subsection (1)(a)-

membership,
in relation to a racial or religious group, includes association with members of that group;

presumed
means presumed by the offender.

28(3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

28(4) In this section racial group means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

28(5) In this section religious group means a group of persons defined by reference to religious belief or lack of religious belief."
No clarification there on what they perceive hostility to be. Very open and vague which is never a good thing when regards to the law.
No doubt someone saying "your fairytale is a load of st" to some could be seen as hostile.

This is all about control, they have control with what you see to a certain extent in MSM they now want that in the new media.

Jonesy23

4,650 posts

136 months

Monday 21st August 2017
quotequote all
Even in a strong field of candidates Alison Saunders must be one of the most useless people to head the CPS. Driven by her politically correct view of how the 'justice' system should work.

We're often told how under resourced the system is, now we're being told that slightly hurt feelings can get you criminalised regardless of intent, or whether the 'target' had a problem - a third party perceiving something as being the undefined 'hostile' is now enough.

Pretty much thought crime in action.

I also look forward to seeing how balanced they are in applying this new idea as I have a sneaky suspicion that hurtful speech from some people is seen as worse than the same thing from others.

Pothole

34,367 posts

282 months

Monday 21st August 2017
quotequote all
Not-The-Messiah said:
Pothole said:
Nothing is deemed to be a criminal opinion.

The definition wording of religiously aggravated offences is quite easy to find if you are, in fact, genuinely interested and not just wanting to find something to argue about.

"Section 28 of the Crime and Disorder Act 1998 provides a definition of the term 'racially or religiously aggravated' for the purposes of sections 29 to 32 of the Act.

28(1) An offence is racially or religiously aggravated for the purposes of sections 29 to 32 below if -


(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's membership (or presumed membership) of a racial or religious group; or
(b) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

28(2) In subsection (1)(a)-

membership,
in relation to a racial or religious group, includes association with members of that group;

presumed
means presumed by the offender.

28(3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

28(4) In this section racial group means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

28(5) In this section religious group means a group of persons defined by reference to religious belief or lack of religious belief."
No clarification there on what they perceive hostility to be. Very open and vague which is never a good thing when regards to the law.
No doubt someone saying "your fairytale is a load of st" to some could be seen as hostile.

This is all about control, they have control with what you see to a certain extent in MSM they now want that in the new media.
in my experience the perception taken into account is that of the victim. In the absence of an "actual" victim, the old saw about "a reasonable person" holds sway.

MSM?

Type R Tom

3,864 posts

149 months

Monday 21st August 2017
quotequote all
Jonesy23 said:
We're often told how under resourced the system is, now we're being told that slightly hurt feelings can get you criminalised regardless of intent, or whether the 'target' had a problem - a third party perceiving something as being the undefined 'hostile' is now enough.

.
That's the hardest bit to understand, you only have to look on twitter and someone somewhere will find offence with anything, the Daily Mail base a huge chunk of their articles on finding someone who is upset.

Pothole

34,367 posts

282 months

Monday 21st August 2017
quotequote all
Type R Tom said:
Jonesy23 said:
We're often told how under resourced the system is, now we're being told that slightly hurt feelings can get you criminalised regardless of intent, or whether the 'target' had a problem - a third party perceiving something as being the undefined 'hostile' is now enough.

.
That's the hardest bit to understand, you only have to look on twitter and someone somewhere will find offence with anything, the Daily Mail base a huge chunk of their articles on finding someone who is upset.
Perhaps you could find some actual examples to bolster your claims that this is actually what goes to court and "criminalises" innocent people.


Jonesy23

4,650 posts

136 months

Monday 21st August 2017
quotequote all
They've only just issued their update so it'll take an hour or two before they use it to create an actual example based on (say) an upset Scouser seeing someone make a joke about something.

I know the Police are quick to jump on Twitter posts but give them a chance!


BlackLabel

13,251 posts

123 months

Monday 21st August 2017
quotequote all
Just follow these simple rules and all will be fine. smile


dandarez

13,282 posts

283 months

Monday 21st August 2017
quotequote all
Jonesy23 said:
Even in a strong field of candidates Alison Saunders must be one of the most useless people to head the CPS. Driven by her politically correct view of how the 'justice' system should work.

We're often told how under resourced the system is, now we're being told that slightly hurt feelings can get you criminalised regardless of intent, or whether the 'target' had a problem - a third party perceiving something as being the undefined 'hostile' is now enough.

Pretty much thought crime in action.

I also look forward to seeing how balanced they are in applying this new idea as I have a sneaky suspicion that hurtful speech from some people is seen as worse than the same thing from others.
Spot on. 110%!



mac96

3,772 posts

143 months

Monday 21st August 2017
quotequote all
BlackLabel said:
Just follow these simple rules and all will be fine. smile

About the most ludicrous set of rules ever. 'Necessary'? That gets rid of most internet content, including every film or piece of music ever posted.
And 'kind'? God help us. Presumably if it is kind, it cannot be 'hurtful'.
And, in considering whether your material is legal, you have to decide whether it is 'illegal'? Who are these idiots? (Oh dear, was that unkind?)


bitchstewie

51,207 posts

210 months

Monday 21st August 2017
quotequote all
In principle I don't see why you should be able to say something with less of a penalty because you say it on the internet than because you say it to someone's face.

It's easy to point to edge cases where something seems to have gone wrong but I think we need to see where this one goes before making a judgement.

HairyPoppins

702 posts

82 months

Monday 21st August 2017
quotequote all
BlackLabel said:
Just follow these simple rules and all will be fine. smile

What about where H conflicts with T?

Mr2Mike

20,143 posts

255 months

Monday 21st August 2017
quotequote all
mac96 said:
Who are these idiots? (Oh dear, was that unkind?)
The kind of aholes that think it's clever to turn an appropriate/useful word into an acronym by assigning some random words to the letters.

P - Politeness. Get down on the fking floor you fking offensive nerd, you're fking nicked!
O - Openness and honesty. Planting evidence is now as easy as hacking a social media account.
L - Life. The sentence you'll be looking at for offending someone on the internet.
I - Investors in the offended.
C - Crime In progress? Don't bother calling us, we're too busy prosecuting angry nerds.
E - Ethnic minority? Help us to criminalise people posting stupid things!


In case it needs to be said, this was a joke. I don't hate the police

andy_s

19,400 posts

259 months

Monday 21st August 2017
quotequote all
Saunders, DPP; Moral Arbiter, Culture shaper, Online Hate Crime Czar.

Pothole

34,367 posts

282 months

Monday 21st August 2017
quotequote all
HairyPoppins said:
BlackLabel said:
Just follow these simple rules and all will be fine. smile

What about where H conflicts with T?
See N

Jonesy23

4,650 posts

136 months

Monday 21st August 2017
quotequote all
"If you keep stuffing cakes in your face you'll die. You're already morbidly obese."

True.
Necessary.
Hurtful.


voyds9

8,488 posts

283 months

Monday 21st August 2017
quotequote all
BlackLabel said:
Just follow these simple rules and all will be fine. smile

Does it have to meet all these criteria or just one

mac96

3,772 posts

143 months

Monday 21st August 2017
quotequote all
voyds9 said:
BlackLabel said:
Just follow these simple rules and all will be fine. smile

Does it have to meet all these criteria or just one
I think it's all.

Mind you, on reflection, it only says you should think about these things. Doesn't say what they are telling you to do if you conclude it is hurtful etc.Why don't they just say 'don't post x y and z'? Even more stupid than it appeared at first reading.

anonymous-user

54 months

Monday 21st August 2017
quotequote all


And I suspect when its something thats too delicate :