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
1. Share your story
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
Law Commission proposals risk chilling free speech, NSS warns
Posted: Fri, 8 Jan 2021 12:03
The National Secular Society has warned that Law Commission proposals on hate crime and communications offences in England and Wales could have a chilling effect on free speech.
The NSS said changes to the law on 'stirring up hatred' and communications risked restricting freedom of expression on religion in response to consultations from the commission on the proposals.
Hate crime laws
The commission has provisionally proposed a hate crime bill to bring together reforms on aggravated offences, which would extend and consolidate existing 'stirring up' offences.
The NSS urged the commission to ensure robust protections for free expression were put in place if these plans were to go ahead and warned against aspects of the plans, including:
- A proposal to remove a requirement to demonstrate that words were "threatening, abusive or insulting" where a speaker "intended to stir up hatred".
- Proposals to extend stirring up offences which currently relate to "written" material so they cover "all material". The NSS said this could lead to the criminalisation of those sharing cartoons of Islam's prophet Muhammad.
The NSS welcomed a proposal to retain current legal protections for discussion of religion and sexual orientation that protect "criticism or expressions of antipathy, dislike, ridicule, insult or abuse", and said similar protections should apply to any new characteristics that are included.
But the society warned that the commission's proposal to expand the list of characteristics that are protected under hate crime law "results in some inconsistencies". Categories under consideration for inclusion include goths, punks, sex workers and Humanists.
Communications offences
The commission has proposed replacing existing communications offences with a new offence which would criminalise communications "likely" to cause harm.
It says its aim is to "ensure that the law is clearer and effectively targets serious harm and criminality arising from online abuse", adding that this is "balanced" with "the need to better protect freedom of expression".
But the NSS warned that the proposed offence was imprecisely drafted, meaning it would be difficult to tell whether a communication would be criminalised until a test in court, with a chilling effect on free speech.
The NSS also warned that:
- A lack of defence for freedom of expression in the new legislation could mean the law being used to silence robust criticism of religion in some circumstances.
- The scope of the new offence would be too broad, as the law seeks to capture both personal harassment and public online posts not directed at individuals.
- The threshold for criminal intent was too low. The offence would only require the defendant to "intend to cause, or be aware of a risk of causing, harm to someone likely to see, hear, or otherwise encounter the communication".
The society wrote: "We are concerned that the proposed legislation could act as a modern blasphemy law where harsh and disrespectful communications on religion are criminalised because of the distress they cause to believers."
NSS comment
NSS head of policy and research Megan Manson said: "Any changes to the law around hate crime and communications should not undermine our collective right to freedom of expression.
"Aspects of the Law Commission's proposals would leave too much room for interpretation, which would have a chilling effect on free speech. We urge the commission to strike a better balance in protecting this fundamental right.
"Criminalising speech and expression risks infringing fundamental rights and undermining social cohesion. Such laws can have unintended consequences and be a counterproductive way of tackling hate crime or hateful extremism."
Notes
- The Law Commission is a statutory independent body, tasked with keeping the law in England and Wales under review and recommending reform where it considers it necessary.
- The NSS previously urged the commission to protect free speech in its review on hate crime, in a meeting with its representatives.
Drop charges against ex-Muslim campaigner in Tanzania, says NSS
Posted: Wed, 6 Jan 2021 08:41
The National Secular Society has backed a campaign to secure the rights of an ex-Muslim campaigner who has been arrested in Tanzania and prevented from leaving the country.
Zara Kay, the founder of the group Faithless Hijabi, was arrested on 28 December and held in police custody for 32 hours without a clear indication of the charges against her.
Zara is an Australian citizen who was born in Tanzania and relocated to London in 2019.
While in police custody, she was asked about the work of her organisation and why she left Islam.
She was subsequently charged over:
- Social media posts deemed critical of Tanzania's president, which she wrote while in London in May.
- Not returning her Tanzanian passport, which she misplaced after gaining Australian citizenship.
- Using a SIM card not registered in her name. Laws on the failure to register SIM cards have been used in similar high-profile freedom of expression cases in Tanzania.
She was released on bail but her passport was confiscated.
She has returned to the police station this week and according to local sources she is now awaiting a court hearing.
Since her arrest she has had to go to hospital, as the stress of her situation has exacerbated an underlying health condition.
'Politically motivated'
On Wednesday a statement on the Council of Ex-Muslims of Britain's website provided the latest update on the situation.
It said there was "reason to believe" the charges were politically motivated, and initiated by those who had "threatened Zara with death for leaving Islam and for her activism in support of ex-Muslims and women".
In an appearance before the press this week Tanzania's police chief only mentioned that Zara Kay was being questioned over her citizenship status, suggesting the other charges may have been dropped.
NSS response
The NSS is among signatories to a statement calling on the Tanzanian government to drop the charges, return her passport and allow her to leave the country.
The society has also written to the UK ambassador to Tanzania and Tanzania's president to make the same case.
NSS chief executive Stephen Evans said: "Zara Kay's treatment is a transparent and deeply alarming attempt to intimidate or silence a campaigner for the rights of ex-Muslims, and to send a wider message about the risks of challenging intolerant Islamic ideology.
"Her fundamental rights must be protected and her safety must be secured, and we call on the UK government to join others to ensure this happens."
UPDATE, 4 March 2021
Zara Kay has now left Tanzania after weeks of facing threats and a risk to her life, and has now arrived in Australia.
The International Coalition of Ex-Muslims has released a statement with more details.
The original text of this story was updated on Thursday 7 January to reflect the latest developments at that point.
Image: Zara Kay in 2018 (cropped), via Wikimedia Commons, © Zahir Abbas Panjwani [CC BY-SA 4.0]
