Hate Speech Bill contravenes Article 40 of An Bunreaċt 1937.

Q. Does it have the power to shut down our society,

and cast us into an Orwellian dystopia?

The Irish hate speech bill is not only unconstitutional (see Article 40), "it contains some very questionable provisions. It is described as a bill to protect, but it has the capacity to do immense damage to free speech and democracy in Ireland". ~ Baroness Nuala O'Loan, former police ombudsman in Northern Ireland. The maximum penalty for this offence is 5 years in jail.

This Hate Speech Bill also goes against your inalienable, God-given rights:

Click here for full list list of inalienable (unalienable) rights. These have all been proven in international Supreme Courts.

  • The right to life, freedom , health and the pursuit of happiness
  • We have the right to be presumed innocent, suffering no detention or arrest, no search or seizure without reasonable cause
  • The right to privacy and confidentiality, free from unwarranted invasion
  • The right to express knowledge necessary to one's rights and freedoms
  • The right to live in peace and to be left alone when law-abiding
  • The right to remain silent when accused, to avoid self-incrimination

These rights are also also protected by Article 10 in The European Convention on Human Rights. "

  • The right to peaceful association, assembly, expression and protest" Click here for full details.
Criminal Justice Bill 105 of 2022

Criminal Justice Bill entitled an Act to amend the law relating to the prohibition of incitement to violence or hatred against a person or a group of persons on account of certain characteristics (referred to as protected characteristics) of the person or the group of persons and to provide for an offence of condoning, denying or grossly trivialising genocide, war crimes, crimes against humanity and crimes against peace and, in doing so, to give effect to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law; to provide for certain offences aggravated by hatred in the Criminal Damage Act 1991, the Criminal Justice (Public Order) Act 1994 and the Non-Fatal Offences against the Person Act 1997; for those purposes, to provide for amendments of those and other enactments and to repeal the Prohibition of Incitement to Hatred Act 1989; to provide in respect of other offences for hatred against a person or a group of persons on account of certain characteristics (referred to as protected characteristics) of the person or the group of persons to be an aggravating factor in sentencing for those offences; and to provide for related matters.

Last updated: 21 Jun 2023

Sponsored by: Minister for Justice

Source: Government

Originating House: Dáil Éireann

History of this Bill

The bill is currently before Seanad Éireann, Third Stage

For full bill click here

21 Jun 2023

Points to consider:

  • Minister Helen McEntee has repeatedly failed to comply with Senators' requests to define "hate speech" and "hatred".
  • This Bill gives An Garda Siochana the right to enter your home without warrant and confiscate all the electronic devices on the premises, including your visitors and children's. You are then obliged to supply all passwords, and if you refuse, you will face a custodial prison sentence.
  • Is there a need for this Bill when there are currently laws that protect Irish people from incitement to violence? Will this Criminal Justice Bill (above) will give way to Government overreach?
  • Do the numerous laws being enacted each year benefit society? If not, who actually benefits from them?
  • If the Hate Speech Bill is passed it will be used with the 'Online Safety and Media Regulation Act 2022'. Coimisiún na Meán holds media platforms to account to implement this Act. Global corporate social media platforms, such as Facebook (Meta), WhatsApp (Meta), Instagram, Google and YouTube etc have agreed to enforce this legislation, under the guise of protecting children. Other platforms such as X (Twitter) and TikTok are resisting censorship. Elon Musk believes that there is a benefit to open discussion and in giving people a chance to hear both sides in order to form balanced opinions, as well as an opportunity to rebut misinformation. If there is no openness online, we will only be privy to the narratives of the lobbyists with the Government's ear to push their commercial agendas. (Tobacco industries and the pharmaceutical industries are a case in point).
  • What kind of country will we end up with when our citizens are censored or banned from having a controversial opinion, one that might disagree with the mainstream narrative?

This special Iconoclast Roundtable, by Ryland Media, addresses the dangers of the new proposed Hate Speech Bill in Ireland. Barrister Una McGurk, Professor Gerard Casey and Sarah Hardiman from Free Speech Ireland spell out the true nature of this controversial piece of legislation and the possible intentions behind it.

Article 40.6.1 Part 1 English

New Hate Speech bill is unconstitutional as it goes against Article 40 (above) where Irish citizens have a right to express their opinions freely.

article 15 laws cannot be enacted that are repugnant to the constitution

The Irish Government is bound by Article 15.4.1 and Article 15.4.2 of Bunreacht Na hÉireann. It is unlawful for the Oireachtas to enact acts and legislation that are against the Irish Constitution. The President can refer such bills to the Supreme Court, and even decline to sign them into statutory legislation as Acts, if they are against Article 26.

 An Bunreacht  Article 40.4.1 Personal Rights Irish
Article 40.4.1 Personal Rights English

Article 40.4.1
It is not permitted to take his personal freedom from any citizen except in accordance with law. See article 40.4 here.

Hebeas Corpus: Present the body (before the court)

Article 40.6.1 Freedom of speech for the media

See Article 40.6.1 above.

The Irish Government has a responsibility to preserve the rightful liberty of the Irish television broadcasts, the press and radio etc,

Elon Musk champions free speech and open debate on Gript media interview.

In the words of one Supreme Court Judge

"it's important to balance the right to free speech with the right not to be misinformed".

Minister for Justice, Helen McEntee, defends the unpopular Hate Speech Bill on the basis of following other countries' lead, as opposed to evaluating it on it's own merits. She has resisted defining the word "hate".

The RTE presenter informs her that Éire is the only country in the EU with standalone common law courts. To fall into line with EU legislation would dilute Éire's constitutional rights - see Article 5 of An Bunreacht. ('Éire is a sovereign, independent, democratic State') It would in effect be surrendering our inalienable rights and relinquishing our nation's sovereign status, which no men or States can impede upon at law.

Baroness Nuala O'Loan calls hate speech bill dangerous

Baroness Nuala O'Loan says the "loose language in hate speech bill is dangerous". "It has the capacity to do immense damage to free speech and democracy in Ireland".

Kevin Sharkey makes a plea to the President Higgins to now honour his Oath, according to article 12.8, and speak for the People of Ireland, and address the gross injustices being carried out against the people of Ireland that are wholly repugnant to the Constitution, An Bunreacht Na hÉireann 1937

Senator Sharon Keogan warns against the broad and unclear nature of the wording this Bill. It would have the effect of people self-censoring as they would never be sure what was allowed, thereby creating a sense of fear in the mind, and a social disconnection due to a fear of what they may hear, and whether that was permissible.

Senator explains the dangerous consequences of the Hate Speech Bill, hatred, Incitement to Violence

People want to bin the hate speech bill

The new bill has been approved by the Government and is currently making its way through the Seanad.
Speaking to the Sunday Independent, Ms Sullivan, who is reviewing the proposed bill, said Irish people currently enjoy freedom of speech “without too much thought or appreciation”.
But she said when “deprived”, the fundamental freedom becomes “comparative to oxygen or water”. Read article

Thomas jefferson When the Government fears the people there is liberty

"When the people fear the government there is tyranny. When the government fears the people there is liberty." ~ Thomas Jefferson

Senator Craughwell, one of the few senators speaking out against the Hate Speech Bill, warns of the risks of bringing this rushed legislation forward, without full debate.

Sinn Fein voted Yes on oppressive Hate Speech Bill

As per Gript Media's meme, Sinn Féin unanimously voted YES for the Hate Speech Bill, and are now doing a U-turn when it is proving unpopular.

Justice Pa Daly says: "Government’s Hate Speech legislation must be scrapped"

"The question whether it is the destiny of the Irish Constitution

to be more than a piece of paper, depends not on the nobility

of it's contents, but on the watchfulness of the Irish people."

Fundamental Rights in the Irish Law and Constitution by J.M Kelly