THE TELEGRAPH: Do you remember the controversy over whether it would any longer be possible to tell religious jokes because of a new law being introduced by the Government? It is funny how these rows flare up, then abate and we are all left wondering what ever happened to the legislation.
Well, it is only now about to be implemented, some 18 months after it was passed by Parliament – a delay that suggests it could hardly have been of crucial importance.
From next Monday, the Racial and Religious Hatred Act will, for the first time, make it a specific offence to use threatening words or behaviour towards a religious group.
The Government fought tooth and nail in favour of a far more illiberal measure, that would have outlawed remarks deemed likely to stir up hatred. But this was repulsed by a coalition of critics, including comedians like Rowan Atkinson, opposed to curbs on freedom of expression.
As a result, the wording was significantly softened in the Lords to exclude statements and actions that were merely abusive or insulting.
Peers also introduced a requirement for prosecutors to show that a person intended his words or actions to be threatening, and inserted a provision specifically safeguarding the right to free expression.
But free speech in the UK has always had its limits. You are not allowed to say anything you like and hang the consequences. Libel laws offer a civil remedy for defamation, and the criminal law has long made it an offence to use language to foment disorder or riot. In recent years, however, we have become confused about where the boundaries lie. Prosecute the racists, not the reporters (more) By Philip Johnston
Mark Alexander
