Maybe because the behavior of accusing people you're arguing with of having negative viewpoints or agendas is toxic and often disingenuous behavior that ruins discussion.
just for the record, i want to state (again) that that post was only directed at a few posters who i see popping up over and over again in different topics and, by complete coincidence i am sure, always end up siding with the racists again and again. the post wasn't directed at everyone disagreeing with me on the topic this thread concerns; in fact it was directed at only a tiny fraction of them
From my understanding, he wasn't charged under any hate speech laws, but rather under offensive speech laws.
i found something interesting reading the wikipedia article on hate speech laws in the uk
to start with this is the hate speech law in general. i bolded the part that is different between uk and us
the
Public Order Act 1986 prohibits, by its Part 3, expressions of racial hatred, which is defined as hatred against a group of persons by reason of the group's colour, race, nationality (including citizenship) or ethnic or national origins. Section 18 of the Act says:
A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening,
abusive or
insulting, is guilty of an offence if—
(a) he intends thereby to stir up racial hatred, or
(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.
[...]
The
Criminal Justice and Public Order Act 1994 inserted Section 4A into the Public Order Act 1986. That part prohibits anyone from causing alarm or distress. Section 4A states, in part:
(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—
(a) uses threatening,
abusive or
insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening,
abusive or
insulting,
thereby causing that or another person harassment, alarm or distress
(i just wanted to clarify for those still confused by the difference between us hate speech and eu hate speech that speech doesn't have to literally incite violence to be considered hate speech in europe. insulting speech against racial groups is enough if such speak is intended to cause distress, which hilarious "burn the jews" jokes probably would for jews. to prove that this was his intention, one could use his twitter feed where he frequently posts bigoted posts.)
now as to your point specifically, there was also this section of the wikipedia article:
Hate speech laws in
England and Wales are found in several statutes.
This does not necessarily mean they apply throughout the United Kingdom, given that both Scotland and Northern Ireland have different legal systems
so it is possible that this hate speech law does not apply in scotland where i think this person was tried. i am only a layperson and haven't been able to google forth an answer to what applies to scotland. the wikipedia article is a bit useless in this regard and doesn't say what the specific law is in scotland. maybe an actual uk (though welsh i think?) legal expert like
phisheep may be able to shine some light on it. maybe legislation of hate speech is unclear in scotland and that is why they're using the communications act instead?
well, if you follow that quote chain back it started with someone saying that it's only hate speech if it incites violent. i was only responding to that, to eurosplain that well actually the law is more general here in europe. i wasn't really trying to say that that law was used in this case. to make the purpose of my post clear i even quoted that initial post thinking that by doing so no one could possibly misunderstand what very specific point i was responding to. but clearly, you still found a way.
anyway i looked up the communications law now anyway and again found some interesting information on wikipedia:
Section 127 of the act makes it an offence to send a message that is grossly offensive or of an indecent, obscene or menacing character over a public electronic communications network.
[8] The section replaced section 43 of the
Telecommunications Act 1984 and is drafted as widely as its predecessor.
[9] The section has controversially been used to prosecute users of social media in cases such as the
Twitter Joke Trial and
Facebookcomments concerning the
murder of April Jones.
[10]
On 19 December 2012, to strike a balance between freedom of speech and criminality, the
Director of Public Prosecutions issued interim guidelines, clarifying when social messaging is eligible for criminal prosecution under UK law. Only
communications that are credible threats of violence, harassment, or stalking (such as aggressive Internet trolling) which specifically targets an individual or individuals, or breaches a
court orderdesigned to protect someone (such as those protecting the identity of a victim of a sexual offence) will be prosecuted.
Communications that express an "unpopular or unfashionable opinion about serious or trivial matters, or banter or humour, even if distasteful to some and painful to those subjected to it" will not. Communications that are merely "grossly offensive, indecent, obscene or false" will be prosecuted only when it can be shown to be necessary and proportionate. People who pass on malicious messages, such as by retweeting, can also be prosecuted when the original message is subject to prosecution. Individuals who post messages as part of a separate crime, such as a plan to import drugs, would face prosecution for that offence, as is currently the case.
[11][12][13]
Revisions to the interim guidelines were issued on 20 June 2013 following a public consultation.
[14] The revisions specified that prosecutors should consider:
- whether messages were aggravated by references to race, religion or other minorities, and whether they breached existing rules to counter harassment or stalking; and
- the age and maturity of any wrongdoer should be taken into account and given great weight.
The revisions also clarified that criminal prosecutions were "unlikely":
- when the author of the message had "expressed genuine remorse";
- when "swift and effective action ... to remove the communication" was taken; or
- when messages were not intended for a wide audience.
so i bolded a few snippets that are interesting.
i bolded the first part because i think it pertains to the discussion i had earlier with
Audioboxer about the case with someone being prosecuted for posting publicly online a picture of a specific police officer with a dick drawn on top. i said that such behaviour was problematic because it attacked an individual (as opposed to a dick drawn on a picture of a generic police badge) and wanted to point out that the law clearly considered this distinction between comments against individuals and general comments. whether you think it's right that it is illegal or not, i can see how publicly posting a picture of an individual with a dick drawn on top could be considered such harassment targeting an individual
i bolded the second part to specifically point out that, unlike what some posters claim, this law is not going to be used target any joke that may be offensive to some. prosecutors who would use the law to prosecute someone need to prove that doing so is indeed proportional. so rest assured ,you will be able to keep saying that Boris Johnson is a cunt (if such is your want) in the future without facing prosecution. the third bolded part clarifies that comments targeting minorities are considered more aggravating. given this, i don't disagree with the court's judgement that this falls under the law in question.
to sum up, for those of you genuinely fearing being prosecuted under this law in the future (and who are not in fact secret racists) just avoid publicly targeting identifiable non-public individuals in a disproportionate manner or publicly making bigoted comments or jokes about minorities and you will assuredly be fine!
Company kept is irrelevant when it's an individual speaking and giving their opinion unless the company kept is unanimous in their opinions. The verdict being correct is NOT a unanimous opinion among the left and I'd even say it's the minority based on what I've seen on Twitter and elsewhere. Do you think the ACLU are Nazis or Nazi-sympathizers?
i think that the ACLU has a very specific mission, which is to protect the liberties granted by the us constitution bill of rights. this includes the us interpretation of free speech which is more broad (in my opinion too broad) than the european interpretation of free speech which has broader restrictions against hate speech. frankly, i don't see how the ucla is relevant in this current discussion about a european case at all