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
MSPs back ‘general principles’ of Scottish hate crime bill
Posted: Thu, 17 Dec 2020 11:18
Members of the Scottish parliament have voted in favour of the 'general principles' of Scotland's current hate crime bill, but many have warned that freedom of expression protections must be strengthened.
MSPs backed the bill by 91 votes to 29 in a vote to mark its first parliamentary stage on Tuesday, following a debate.
The National Secular Society has joined with a wide range of other groups to warn of the threat posed to freedom of expression by 'stirring up hatred' offences within the bill.
The NSS briefed MSPs before this week's vote.
Since introducing the bill the Scottish government has said it will introduce several amendments which would mitigate the threat to freedom of expression, including on religion.
This week justice secretary Humza Yousaf said he would accept a series of recommendations from the justice committee and strengthen protections for freedom of expression.
NSS response
The NSS has welcomed the amendments but said the bill continues to pose a threat to free speech.
In response to this week's vote, an NSS spokesperson said: "We'll continue to work with members of the Scottish parliament to protect free speech as the bill proceeds to the next stage.
"The best way to do this would be to scrap the stirring up hatred offences in this bill altogether. Failing that, further substantial revisions are necessary to avoid an unacceptable erosion of freedom of expression."
Watch the debate
The Scottish parliament has an official summary of the debate on its website.
Amend hate crime bill to protect free speech, Scottish government told
Posted: Thu, 10 Dec 2020 18:29
A group of MSPs has said Scotland's current hate crime bill should be amended to better protect freedom of expression, after taking evidence from groups including the National Secular Society.
The Scottish parliament's Justice Committee made recommendations on the future of the bill in a report published on Thursday, following a period of scrutiny.
Part of the bill would criminalise 'stirring up hatred' on a variety of grounds, including religion, if behaviour was deemed "threatening or abusive" and intended to stir up hatred.
The NSS has warned that the 'stirring up hatred' offences pose a threat to freedom of expression, including when it gave evidence to the committee last month.
Committee's recommendations
The committee said the bill should make clear that behaviour should only be judged as "abusive" if "a reasonable person" would consider it so.
It said this would "allay the concerns that people are going to be investigated or prosecuted because one person said that they found something offensive".
During its evidence, the NSS warned that the bill's vague wording on 'abuse' would encourage vexatious accusations of 'stirring up hatred'.
The committee's report also recommended further clarification over:
- The impact of a defence that someone's behaviour was reasonable.
- Whether someone could be prosecuted if their behaviour did not have a "public element".
- A provision which would criminalise the possession of "inflammatory" material with intent to stir up hatred.
The committee's report explicitly referred to the NSS's evidence on issues including the bill's protection of freedom of expression on religion.
Free speech clause on religion
Last month the justice secretary Humza Yousaf announced plans to strengthen that free speech clause, shortly after the NSS gave its evidence.
The committee's report welcomed this amendment. The NSS recently gave it a qualified welcome, noting that it remained weaker than a protection in equivalent legislation in England and Wales.
The committee also said safeguards for free expression on sexual orientation and gender recognition should be clearer.
NSS comment
NSS chief executive Stephen Evans said the committee's report represented "another step in the right direction" but the bill would "remain a threat to freedom of expression".
"The committee has rightly nudged ministers to go further to protect freedom of expression. But even if its recommendations are enacted there will be ongoing cause for concern.
"Its recommendation of a higher threshold for 'abusive' behaviour is welcome, but asking what a 'reasonable person' would consider to be 'abusive' behaviour would still be too vague a test.
"MSPs should remember that genuine criminal activity that the proposed 'stirring up hatred' offences are seeking to address is already captured by existing criminal law. We welcome efforts to soften the bill's impact, but these offences aren't necessary."
Previous amendment on intent
In September the justice secretary announced an amendment which would make intent to 'stir up hatred' a prerequisite to a conviction.
Before then someone could have been convicted if the prosecution could show that it was "likely" hatred would be stirred up.
Image: The Scottish parliament building, © Mary and Angus Hogg [CC BY-SA 2.0]
