Gen X at 40

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Comments

David -

I think it's section 319 that people are worked up about: the inciting "hatred" section, not the inciting genocide (318) section. I'm using scare quotes around hatred because I don't see a definition there.

To draw a specific example, are some bloggers -- even moderate ones -- inciting "hatred" toward Arabs? As immigrants from the middle-east and their decendants become more numerous (and more influential in the Liberal party), I think you'll find the answer becoming "yes". [Yes, I did read 319/3/c]

David -

Damn Alan, can you edit out my e-mail address there, or put nospam or something in there.

Alan -

Removed.

Yup. You are right. The exception only relates to 319 not 318. But look at the words in 318:<blockquote class="smalltext"> "Every one who, by communicating statements in any public place, <i>incites hatred</i> against any identifiable group where such incitement is likely to lead to a breach of the peace"<p>"Every one who, by communicating statements, other than in private conversation, <i>wilfully promotes</i> hatred against any identifiable group".</blockquote>Why is the basis for needing the right to incite a breach of peace? Why do they need to <i>wilfully</i> promote hatred. Neither of these things are about the speech but causing consequences through the speech. Why should these intentional consequences be permitted? [Alan: I edited this comment to add fuller quotations of s.318.]

Alan -

Another point: the incitement of hatred has to be likely to lead to a breach of peace for it to be criminal. I do not think a blogger has that likelihood if only because so few have an organized audience which could go out and breach the peace together. Further, I can't think of any religious text which could be used to incite hatred of Arabs as Arabs are not an "opposing" religious group. The religious text exception would not apply.

David -

Ah yes. Good point on the breach of the peace part.

Two postings coming up on my blog...

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