Hate Speech in UK Law

Leading Cases
  • R v Secretary of State for the Home Department, ex parte Simms
    • House of Lords
    • 08 Julio 1999

    The free flow of information and ideas informs political debate. It is a safety valve: people are more ready to accept decisions that go against them if they can in principle seek to influence them. It acts as a brake on the abuse of power by public officials. It facilitates the exposure of errors in the governance and administration of justice of the country: see Stone, Seidman, Sunstein and Tushnett, Constitutional Law, 3rd ed., (1996), 1078-1086.

    The value of free speech in a particular case must be measured in specifics. For example, no prisoner would ever be permitted to have interviews with a journalist to publish pornographic material or to give vent to so-called hate speech. In principle it is not easy to conceive of a more important function which free speech might fulfil.

    Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.

  • R (Mellor) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 03 Mayo 2001

    On considering the speeches as a whole, however, I have concluded that they recognised that a degree of restriction of the right of expression was a justifiable element in imprisonment, not merely in order to accommodate the orderly running of a prison, but as part of the penal objective of deprivation of liberty. How far freedom of expression could justifiably be restricted was a question of proportionality.

    The approach under the Strasbourg jurisprudence and under English domestic law is the same. The consequences that the punishment of imprisonment has on the exercise of human rights are justifiable provided that they are not disproportionate to the aim of maintaining a penal system designed both to punish and to deter. When the consequences are disproportionate, special arrangements may be called for to mitigate the normal effect of deprivation of liberty.

  • RN (Returnees)
    • Asylum and Immigration Tribunal
    • 30 Octubre 2008

    Each case will turn on its own facts and the particular circumstances of the individual are to be assessed as a whole. If such a person (and as we explain below there may be a not insignificant number) is in fact associated with the regime or is otherwise a person who would be returning to a milieu where loyalty to the regime is assumed, he will not be at any real risk simply because he has spent time in the United Kingdom and sought to extend his stay by making a false asylum claim.

  • EM (Zimbabwe) v Secretary of State for the Home Department
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 14 Enero 2011

    (5) A returnee to Harare will in general face no significant difficulties, if going to a low-density or medium-density area. (5) A returnee to Harare will in general face no significant difficulties, if going to a low-density or medium-density area.

See all results
Legislation
  • Hate Crime and Public Order (Scotland) Act 2021
    • Scotland
    • 1 de Enero de 2021
    ....... (4) A course of conduct must involve conduct on at least two occasions. . (5) In this section— . “conduct” includes speech, . “harassment” of a person includes causing the person alarm or distress, . “membership”, in relation to a group, includes association ......
  • Import Duties (General) (No. 5) Order 1974
    • UK Non-devolved
    • 1 de Enero de 1974
    ....... 2. Chemically pure sucrose, whatever its origin, is to be classified in heading No. 17.01. . Additional ... for the reproduction. of speech, specially. adapted for the use of. the blind ......
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT