Democracy cannot exist without the right to free speech.
Free speech should be robustly defended as a fundamental freedom.
The National Secular Society has defended free speech from religious threats since our founding. We played an instrumental role in abolishing "blasphemy" laws in Britain, but serious concerns remain. Blasphemy laws still exist in Northern Ireland. And throughout the UK, religious fundamentalists seek to impose their blasphemy taboos on others through violence and intimidation.
There are also increasing attempts to categorise offending religious sensibilities as 'hate speech', making criticism, mockery or perceived 'insult' of religion a criminal act akin to racial hatred or inciting violence – in other words, a 'blasphemy law by the back door'.
Without free speech no search for truth is possible; without free speech no discovery of truth is useful; without free speech progress is checked… Better a thousand fold abuse of free speech than denial of free speech.
We are further concerned by a developing 'culture of offence' in which any speech or action deemed likely to offend religious sensibilities is considered taboo. Enforced by a toxic mix of terrorism and religious deference, this is chilling free speech through self-censorship.
We also campaign against blasphemy laws around the world, where they continue to be used to target religious and political minorities. These are sometimes described by UK politicians as 'misuse' of blasphemy laws, but we contend there are never any legitimate uses for blasphemy laws.
Being offended from time to time is the price we all pay for living in a free society. Rather than trying to silence those we disagree with, we believe the answer to speech we don't like is more speech – better speech.
We therefore campaign to protect and preserve freedom of expression, including offensive, critical and shocking speech.
What you can do
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Tell us why you support this campaign, and how you are personally affected by the issue. You can also let us know if you would like assistance with a particular issue.
2. Join us
Become a member of the National Secular Society today! Together, we can separate religion and state for greater freedom and fairness.
Latest updates
Don’t renege on free speech protection, NSS tells justice minister
Posted: Fri, 26 Feb 2021 10:10
The National Secular Society has urged Scotland's justice minister not to renege on a commitment to ensure a strengthened level of protection for free speech on religion in the current hate crime bill.
A vital free speech provision around religion has yet to be determined, even though it had appeared to be settled and a final vote on the legislation is likely to be just days away.
The NSS has long warned that plans to criminalise 'stirring up hatred' on the grounds of religion within the bill pose a threat to freedom of expression.
The Scottish parliament's Justice Committee had agreed to an amendment to protect expressions of "antipathy, dislike, ridicule and insult" of religion or belief during previous consideration of the bill.
However, this now appears to be under threat after the launch of a last minute consultation on freedom of expression provisions in the bill. The consultation, which closed on Monday, lasted just four days.
Details of new proposals
The consultation sought views on four potential freedom of expression provisions.
Two would permit "discussion and criticism" of age, race, disability, sexual orientation, transgender identity and variations in sex characteristics and also expressions of "antipathy, dislike, ridicule and insult" on the grounds of religion.
The other two would merely allow "discussion and criticism" of all the characteristics listed – including religion.
This would substantially dilute the level of protection afforded to freedom of expression on religion in the bill in comparison to the agreed amendment. The agreed amendment was already weaker than similar provisions in legislation in England and Wales.
Contents of NSS letter
The NSS and Edinburgh Secular Society have now jointly written to Humza Yousaf, Scotland's cabinet secretary for justice, over the issue.
The NSS said a free speech clause covering religion that only protected "discussion or criticism" would be "too imprecise" and go "nowhere near far enough to protect robust debate, satire, comedy and commentary about religions or beliefs".
It added that the law should "in no way serve to criminalise people for their opposition to ideas or protect people's beliefs from antipathy, dislike, ridicule and insult".
The letter argued that the "wide consensus and strong support" for the additional protection for speech about religion or belief should be reflected in the legislation.
And it says it would be "unconscionable at this late stage to renege on additional free speech protections already agreed to".
The NSS has played a prominent role in efforts to protect free speech during the bill's passage through parliament, and has warned from the outset that aspects of it are censorious, excessive and unnecessary.
Vital amendments to introduce an objective test for "abusive" behaviour or words and a requirement to demonstrate intent to secure a conviction for "stirring up hatred" have been secured.
Consultation responses urge better freedom of expression protections
- The justice committee's call for views on the new plans yielded more than 600 responses, despite the short time frame.
- An initial analysis of the responses published so far revealed that more than 80% of respondents think stronger free speech protections are required. The analysis was conducted by the Free To Disagree campaign, which the NSS is a member of.
Abolition of blasphemy law
- A separate part of the bill would abolish the offence of blasphemy – a move which the NSS strongly supports.
- The NSS successfully campaigned for the abolition of the common law offences of blasphemy and blasphemous libel in England and Wales in 2008.
UPDATE, 4 March 2021
The justice minister has this week lodged an amendment in the bill which will protect expressions of "antipathy, dislike, ridicule or insult towards" religion. This is in line with previously agreed language.
The bill is expected to face a final vote next week.
The NSS's response to the Justice Committee's short timescale call for views on the freedom of expression amendment options is available here.
Image: the Scottish parliament building, © Mary and Angus Hogg [CC BY-SA 2.0]
Confusion over free speech protection on religion in hate crime bill
Posted: Thu, 18 Feb 2021 18:49
New proposals from the Scottish government could substantially weaken the protection for freedom of expression on religion in its current hate crime bill – even though this appeared to be settled.
The bill, which was introduced last year, would create new offences of 'stirring up hatred', including on the grounds of religion.
Earlier this week the Scottish parliament's Justice Committee approved several amendments to it, one of which would provide greater protection for freedom of expression on religion.
But on Thursday the committee issued a call for views on four new options for freedom of expression protections, which have been proposed by the justice secretary.
Only two of the options contain the agreed amendment on free speech on religion. The other two substantially dilute protection for freedom of expression on religion in comparison.
The committee has requested that views on the proposals be submitted by 10:00 this coming Monday (22 February).
The National Secular Society has been among those warning that the 'stirring up hatred' offences within the bill pose a threat to freedom of expression, and has criticised the latest confusion.
How the new options differ from the agreed amendment
A conviction for 'stirring up hatred' on religious grounds would require the prosecution to demonstrate that the accused had behaved in a manner which is "threatening or abusive" and intended to stir up hatred.
One of the amendments would have provided greater protection to expressions of "antipathy", "ridicule", "dislike" or "insult" of religion or belief.
The Scottish government previously agreed to the amendment, and the committee approved it unanimously this week.
But two of the four options now proposed only say behaviour would not reach the threshold for prosecution "solely on the basis that it involves or includes discussion or criticism" of religion.
The NSS previously argued that the original amendment should be toughened further, to bring it in line with an equivalent clause in England and Wales's Racial and Religious Hatred Act.
NSS comment
NSS chief executive Stephen Evans said the Scottish government's position was "perplexing and farcical".
"The level of protection for freedom of expression on religion in this bill appeared settled. The agreed amendment was a significant step in the right direction and the Scottish government shouldn't be reopening this.
"This episode simply reinforces legitimate concerns that the bill will unacceptably intrude on freedom of speech. With this in mind, and amid a deeply confused and rushed process, MSPs should press pause on the relevant section of this bill."
NSS lobbying
The NSS has warned that the 'stirring up hatred' offences in the bill pose a threat to freedom of expression since it was introduced last year.
The NSS has lobbied for substantial changes, including a robust protection for free speech on religion.
The society has also joined the Free to Disagree campaign, which is warning of the threat the bill poses to free speech.
Last week the NSS was among civil society groups who signed a joint letter urging ministers to defer scrutiny of the 'stirring up hatred' proposals until after the May election.
Amendments since introduction of bill
The Scottish government has previously announced several amendments to the bill.
These have included the introduction of a "reasonable person" test, to apply when charges are brought on the basis that behaviour was "abusive", and a requirement to demonstrate intent to secure a conviction for 'stirring up hatred'.
The bill as initially drafted would have also enabled convictions in circumstances where it was "likely" that hatred would be stirred up.
UPDATE, 4 March 2021
The justice minister has this week lodged an amendment in the bill which will protect expressions of "antipathy, dislike, ridicule or insult towards" religion. This is in line with previously agreed language.
The bill is expected to face a final vote next week.
Image: Humza Yousaf, the justice secretary, speaking to the Justice Committee this week.
