the controversial law that divides Ireland

Helen McEntee, Minister of Justice and Equality of Ireland, has proposed reforming the Prohibition of Incitement to Hate Act 1989, because it pre-exists social networks and does not cover issues such as gender or identity expression, disability, or ethnicity. The reform of the law will fight against certain forms and expressions of xenophobia and racism, since in 2022 the Irish police (Gardaí) published that the most recurrent reasons for discrimination in registered crimes were classified as: against discrimination, anti-national and against sexual orientation. McEntee clarified that people will be able to “continue to be offensive, Saying things that make others uncomfortable but they may not “incite hatred or violence against others due to their inherent identity characteristics.”

Ireland does not have specific laws dealing with hate crimes, which sets it apart from other members of the European Union. He Criminal Justice (Incitement to Violence or Hatred and Hate Crimes) Bill 2022has recently been criticized by members of the Irish parliament (Dáil Éireann), arguing that it could have a counterproductive effect and could instead incite people to take offense to comments they disagree with or could be used as a tool to silence political opponents. In January of this year, Elon Musk announced that his X company would fund legal challenges against the legislation.

Many Irish citizens, as well as politicians, are concerned that this project deprives them of their freedom of expression and that they live under a censorship law like in Finland. For example, it will be considered an offense under section 7(1)(a) to publicly communicate information (content) that condones, denies or trivializes: war crimes, genocide and crimes against humanity. Anyone who engages in behavior that could, in a public space, incite violence or hatred against a group or individual will also be punished. The Critic wrote in an article that Tim Crowley, a university professor in the philosophy department at Dublin College, fears that the law pressure both academics and researchers to publicly accept state-imposed accounts of historical events.

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The characteristics that this project seeks to protect are: race, skin color, nationality, religion, ethnicity or national origin, members of the Roma community, disability and sexual orientation. Alliance Defending Freedom International explains that the law seeks to criminalize the possession of material considered likely to incite hatred such as memes and photos saved on devices. Anyone found guilty of offense will be punished with sentences of up to five years in prison. Members of the Irish parliament criticize police being given the power to search phones, camera rolls and emails for criminal content.

That is why the Criminal Justice (Incitement to Violence or Hatred and Hate Crimes) Bill, 2022, has been labeled by some as authoritarian legislation that would turn Ireland into a police state, attacking the fundamental democratic principle and the right to freedom of expression. Helen McEntee argues that it is vitally important to “protect the most vulnerable groups and minority communities who are targets of hate, just for being who they are.” The law is being considered in the Irish Senate.