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13 Inciting Religious Hatred: Balancing Free Speech and Religious Sensibilities in a Multi-Faith Society Peter Cumper

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Chapter Summary

In seeking to balance the rights of artists to shock or offend and the rights of faith groups to be protected from what they regard as hateful, international human rights norms appear to offer little guidance. This chapter begins by considering the case for establishing an offence of incitement to hatred on religious grounds. It then discusses some of the challenges that will face the courts in interpreting the Racial and Religious Hatred legislation, before proceeding to examine a number of the assumptions that underpin this reform. The central thesis is that while, on the face of it, a plausible case can be made for the enactment of this legislation, there is a real risk that the government's plans for a religious incitement law could have a number of unforeseen consequences that might ultimately lead to an erosion of freedom of expression.

Keywords: free speech; multi-faith society; Racial and Religious Hatred Act 2005; religious hatred; religious sensibilities

10.1163/ej.9789004152540.i-273.66
/content/books/10.1163/ej.9789004152540.i-273.66
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