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
Success: free speech clause in hate crime bill to be strengthened
Posted: Tue, 24 Nov 2020 14:52
The National Secular Society has welcomed a decision from Scotland's justice secretary to strengthen a clause on free speech on religion in his government's proposed hate crime bill.
On Tuesday Humza Yousaf (pictured) announced that the bill would be amended to provide greater protection to expressions of "antipathy, dislike, ridicule and insult" of religion.
The Hate Crime and Public Order (Scotland) Bill will criminalise 'stirring up hatred' on a variety of grounds, including religion.
A conviction for 'stirring up hatred' 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.
Change to free speech protection
Currently a provision in the bill says behaviour or material shouldn't be considered threatening or abusive "solely on the basis that it involves or includes discussion or criticism of religion or religious practices".
The NSS has strongly argued that this provision should be strengthened since the bill's introduction, including in a meeting with government representatives and in evidence to the justice committee in recent weeks.
The bill will now make clear that people are free to express "antipathy, ridicule, dislike of a religion or religions, or the absence of religious belief, or to insult religions, or the absence of religious belief" – if they do not do so in a way that is "threatening or abusive and intended to stir up hatred".
Difference from equivalent in England and Wales
An equivalent clause in England and Wales's Racial and Religious Hatred Act says the law shouldn't restrict "discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents".
It also protects religious proselytising and does not include a qualifier about the manner or intent of communication.
The Scottish government does not propose to include expressions of "abuse" of religion in the new free expression provision, because the bill criminalises conduct or communications which are "abusive".
The equivalent provisions in the Racial and Religious Hatred Act only cover conduct which is "threatening", rather than "abusive".
NSS comment
NSS chief executive Stephen Evans said: "This is a significant and welcome step from the justice secretary which will go a long way towards protecting free speech on religion in Scotland.
"But we continue to urge ministers to at least match the free speech protection offered in England and Wales's Racial and Religious Hatred Act. This bill's weaker provision will mean it still risks capturing speech which people find offensive – and therefore subjectively abusive."
Other concessions and previous amendment on intent
Yousaf's announcement was one of several concessions he made as he gave evidence to the Scottish parliament's justice committee, and follows another concession on the threshold for prosecution.
In September he announced an amendment to ensure the prosecution would need 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.
Image contains information licensed under the Open Scottish Parliament Licence V.2.
NSS gives evidence to parliamentary committee over hate crime bill
Posted: Wed, 11 Nov 2020 08:36
The National Secular Society has said a planned hate crime bill will "intimidate" free speech in evidence to the Scottish parliament's justice committee.
NSS spokesperson for Scotland Neil Barber (pictured, bottom right) also called for a more robust freedom of expression protection in the bill as he gave evidence to the committee on Tuesday.
He appeared alongside representatives from a range of other groups, including the Network of Sikh Organisations (NSO), the Evangelical Alliance and the Scottish Council of Jewish Communities.
The bill would outlaw 'stirring up hatred' on a variety of grounds, including religion. The relevant part of the bill, which is currently making its way through the Scottish parliament, would criminalise behaviour deemed "threatening or abusive" and intended to stir up hatred.
Until recently the bill would not have required the prosecution to prove intent to secure a conviction if it could show instead that it was "likely" hatred would be stirred up.
The justice secretary Humza Yousaf recently announced that he would introduce amendments to the bill to make intent a prerequisite to a conviction.
'Intimidation of free speech'
During his evidence Neil Barber described the plan to amend the bill as "a step in the right direction".
But he warned that writers could still anticipate "lengthy, stressful" investigations and court cases and that prospect would cause the "intimidation of free speech right from the start".
He warned the vagueness of the bill's wording, particularly regarding 'abuse', would lead to vexatious accusations of 'stirring up hatred'.
Free expression protection
He urged the committee to build in "a much stronger protection" for freedom of expression, noting the example of the Racial and Religious Hatred Act in England and Wales.
A clause in that act says the law shouldn't restrict "discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents".
Currently the equivalent clause in Scotland's bill says only that behaviour will not be judged as threatening or abusive "solely on the basis that it involves or includes discussion or criticism of religion or religious practices".
Several other contributors also stressed the potential chilling effect of the legislation as currently drafted, including Hardeep Singh of the NSO and Anthony Horan of the Catholic Parliamentary Office.
Further notes
- Mr Barber was also asked by the committee to suggest alternatives to legislation to combat hate and intolerance.
- He suggested reforms to education where children are frequently divided along sectarian lines, with parents' religious backgrounds frequently determining the type of school their child attends.
- He also expressed support for the abolition of Scotland's blasphemy law – a sentiment that was shared by all contributing faith, belief and secularist groups taking part in the session.
Relevant links
- Read more on Tuesday's evidence: 'Journalists, creatives, religious groups outline hate crime bill concerns', from the Free to Disagree campaign.
- Watch the evidence session on the Scottish Parliament's TV channel.
- The NSS's full position on the bill is outlined in its briefing on the subject.
