The Irish Government, specifically the Dept of Justice said that it would write to the European Commission on Monday to state that we have, in fact, transposed the Council Framework 2008 correctly. The Minister intends to appeal the fine being levied against Ireland for failing to comply with the EU rules on Hate Speech.
The Criminal Justice Hate Offences Act 2024 was brought in to address the EU Council 2008 framework and the Hate Speech element was considered to be a massive overcorrection. After The Countess and others campaigned long and hard against the hate speech element it was shelved last year before the rest of the bill was passed. Most Irish people thus consider the Hate Speech Bill shelved. However, under pain of being fined, the EU gave Ireland until 7th July to implement a more robust Bill than the one updated in 2024, with echoes of the Lisbon Treaty when we were sent back to vote again.
The door is open to allow a breath of cool air circulate and with it the protest chant, on an entirely different issue, rises. Instruments clang and free speech has its day in Ireland. In the chamber, the event named Silence Directive continues.
On a sunny 2nd of July, Free Speech Ireland hosted a briefing, chaired by Senator Sharon Keogan, on the significant threat to freedom of speech facing Ireland. Outside Dáil Éireann noise overtakes the indoor AV hum of Michael McNamara MEP live streaming from Brussels. The door is open to allow a breath of cool air circulate and with it the protest chant, on an entirely different issue, rises. Instruments clang and free speech has its day in Ireland. In the chamber, the event named Silence Directive continues. The sound of silence is not the sound of freedom. The ability to debate, protest, proclaim and petition is the bedrock of a functioning democracy and its mechanism is freedom of speech.
Hate is not defined in the Bill. The only requirement for hatred to exist is where a member of a protected group perceives it.
Free Speech Ireland launched their intention to fight back against censorship, hoping to take test cases and establish Dublin as the free speech, rather than censorship hub that the EU seems to want to establish using the Digital Services Act.
The panel, chaired by Senator Sharon Keoghan, consisted of Laoise De Brún, BL, founder of The Countess, Ken O’Flynn TD, Peadar TóibÃn TD, Dominic Wilkinson BL and Michael McNamara MEP connecting from Brussels.
Laoise de Brún’s address was wide ranging and gave background information as well as incisive commentary.
Hate speech laws present a profound paradigm and legislative framework shift from Freedom of Expression caselaw, which includes the right to offend, shock or disturb the population or any sector of the population. This is a fundamental right but not absolute, and restrictions on so-called hate speech is a slicing into this fundamental right. In addition, we are moving away from equality before the law to a new legislative framework whereby certain groups have special rights before the law.
Hate is not defined in the Bill. The only requirement for hatred to exist is where a member of a protected group perceives it. Trans lobby groups and supporters get to decide what they deem hatred and have remarkably, already declared that biological truth is hate. Although gender as a definition is meaningless, this is intentional on the part of drafters as an attempt to collapse the meaning of sex in law. Perhaps objectivity itself offends.
Ireland had already aligned with the framework re publicly condoning / denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes. There is no grassroots support for hate speech or reliable data underpinning it. There is no increase in hate speech. We are living in an ever more pluralistic and tolerant society. There are grave concerns about the impact of both gender self ID and immigration on women and girls and our society at large. These concerns are legitimate. It is time that this country stood up to Europe and our elected representatives honoured their constituents rather than buckle under the demands of unelected, ideologically driven, technocrats.
Since that briefing, the news about the Irish government’s appeal broke and we learned that the Minister for Justice is standing up for Ireland against the EU commission. Are we at last seeing some backbone appearing in Irish politics?
Ken O’Flynn TD said hate speech equals censorship. He criticised the new EU requirement as subjective, emphasising that laws need to be based on objective criteria. The law must be certain and people need to understand what the law is. He also pointed out that nobody has the right to not be offended and what offends one may inspire another.
Peadar TóibÃn TD highlighted that Ireland is foremost among EU countries in its level of support for Palestine, not altogether welcomed by the EU, who, under German hate speech laws, have broken up demonstrations and conducted house raids. He speculated that perhaps this is an attempt to bring Ireland into line with EU policy and that Irish TDs may find themselves censored if the Hate Speech Bill passes.
Since that briefing, the news about the Irish government’s appeal broke and we learned that the Minister for Justice is standing up for Ireland against the EU commission. Are we at last seeing some backbone appearing in Irish politics?
CEO and Founder of The Countess, Laoise de Brún BL, discusses the news that the Minister for Justice will appeal the EU Commission decision to fine Ireland for what the Commission said was Ireland’s failure to comply with the EU Council 2008 framework on hate. Laoise explains the nuance of that Council framework and how Ireland has in fact complied. She also explores why the Council may wish to suppress debate and dissent. Laoise points out that one person’s fact might be another person’s hate, given that there is no definition of hatred in the currently shelved Hate Speech element of the Hate Crime Bill.
