Legislation threatens freedom of speech and Ireland’s democratic values, says Vance
The Criminal Justice (Incitement to Violence or Hatred and Hate Offenses) Bill 2022 in Ireland has raised concerns about its potential impact on freedom of speech. The bill includes provisions to imprison individuals who possess or prepare material that may incite violence or hatred against a person or group based on their protected characteristics. These protected characteristics cover race, color, nationality, religion, national or ethnic origin, descent, gender, sex characteristics, sexual orientation, or disability.
US Ambassador to Ireland, Edward Vance, expressed his worries about the legislation in a letter to Geraldine Byrne Nason, a representative in the Irish parliament. Vance highlighted the potential threat to Ireland’s commitment to universally prized freedoms, including freedom of speech. He urged the Irish government to consider the consequences of this legislation on the country’s proud tradition of free speech, drawing attention to the imprisonment of President Éamon de Valera for sedition in 1918.
Vance questioned the vagueness of the law, particularly its criminalization of behavior in public that could incite hatred against individuals or groups based on their protected characteristics. He raised concerns about the potential restrictions it may impose on public discourse, particularly in relation to discussions on immigration and gender. Vance warned that citizens may feel compelled to self-censor to avoid prosecution under the new law.
Senator Pauline O’Reilly, a proponent of the bill, argued that it was necessary to protect individuals from discomfort caused by views about their identities. However, Vance compared the potential impact of the legislation to the censorious conduct seen in countries like China, Myanmar, and Iran. He highlighted the US’s imposition of visa restrictions on Iranian government officials for inhibiting the rights of peaceful protesters and curtailing freedom of expression and assembly.
In his letter, Vance also posed several questions to Byrne Nason, including whether the proposed law aligns with Ireland’s treaty obligations. He also inquired about the applicability of the legislation to foreign visitors in Ireland and whether US government officials would be subject to its prohibitions when visiting the country. Finally, Vance asked what steps would be taken to ensure that Ireland’s departure from democratic values, such as freedom of expression, does not harm its relationship with the US.
O’Reilly defended the legislation, arguing that it was necessary for the common good. She emphasized that rights in the Irish constitution may be restricted if they jeopardize the safety and peace of individuals based on their identities.
The concerns raised by Ambassador Vance highlight the delicate balance between protecting individuals from hate speech and preserving freedom of speech in democratic societies.