| Garfie |
07-08-2016 09:57 AM |
I have copied the following from the CPS website, regarding UK laws, and am assuming that some of Biggins' comments may have fallen into this category, which might be the reason for the rumours about a police investigation. It might also explain the reason why BB have not broadcast it, as according to this they could be seen as committing a criminal offence in doing so. I have highlighted the key points in the first paragraph.
The highlighted passage at the bottom explains that, although we are entitled to free speech, the reason why balance is needed when we choose what we say- "we have to balance the rights of the individual to freedom of expression against the duty of the state to ...... protect the rights of others".
Just thought it might be of interest, and go some way to addressing some of the confusion about why Biggins comments could have been deemed unacceptable and the reason behind his removal, as well as answering some of the questions raised on here during the discussions on Biggins and free speech.
Incitement to racial hatred
This offence is committed when the accused person says or does something which is threatening, abusive or insulting and, by doing so, either intends to stir up racial hatred, or makes it likely that racial hatred will be stirred up. This can include such things as making a speech, displaying a racist poster, publishing written material, performing a play or broadcasting something in the media.
If we are not able to prove that someone intended to stir up racial hatred, we have to show that, in all the circumstances, hatred was likely to be stirred up. 'Likely' does not mean that racial hatred was simply possible. We therefore have to examine the context of any behaviour very carefully, in particular the likely audience, as this will be highly relevant.
These offences appear in the Public Order Act 1986.
When people hate others because of race, such hatred may become manifest in the commission of crimes motivated by hate, or in abuse, discrimination or prejudice. Such reactions will vary from person to person, but all hatred has a detrimental effect on both individual victims and society, and this is a relevant factor to take into account when considering whether a prosecution is appropriate.
It is essential in a free, democratic and tolerant society that people are able robustly to exchange views, even when these may cause offence. However, we have to balance the rights of the individual to freedom of expression against the duty of the state to act proportionately in the interests of public safety, to prevent disorder and crime, and to protect the rights of others.
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