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
'Free to Disagree' campaign urges rethink of Scottish hate crime bill
Posted: Fri, 17 Jul 2020 09:04
The National Secular Society has joined Christian campaigners and others in launching a campaign which calls for a rethink of plans to criminalise 'stirring up hatred' in Scotland.
The NSS and the Christian Institute are among the supporters of the 'Free to Disagree' campaign, which argues that a Scottish government bill on hate crime must be amended.
The campaign, which officially launches today, is also supported by Jim Sillars, the Scottish National Party's former deputy leader, and Dr Stuart Waiton, a criminologist at Abertay University.
The campaign is warning against provisions which would criminalise behaviour which is "threatening or abusive" and intended or "likely" to stir up hatred on various grounds, including religion.
What the campaign is calling for
Free to Disagree calls for the draft offences to be scrapped or amended to protect freedom of expression and identifies five problems with them:
- The term 'hatred' is subjective and difficult to define, especially when it relates to hatred being 'stirred up' in other people;
- People can commit an offence without either intending to stir up hatred or doing so, if a court feels their actions were merely 'likely' to stir up hatred;
- The term 'abusive' is vague and open to interpretation;
- There is no defence in the bill for words spoken in the privacy of your own home;
- A provision in the bill designed to protect free speech is too weak.
On its website, the campaign says free speech is "a vital right that should only be limited by the state when it has strong grounds for doing so".
It says freedom of expression "must include the ability for citizens to discuss, criticise, and refute ideas, beliefs and practices in robust terms" and there is "no right not to be offended".
It adds that the 'stirring up hatred' plans would "have a chilling effect on debate".
The campaign is also urging Scots to respond to a government call for views on the proposals, which closes next Friday (24 July).
NSS comment
NSS chief executive Stephen Evans said the society has joined the campaign to "reassert the importance of protecting freedom of expression and open, robust dialogue".
"We hope this alliance will encourage ministers to look again at their ill-conceived proposals on hate crime and amend them accordingly.
"Freedom of expression is such a fundamental right that it's imperative for governments to tread carefully in this area. However well-intentioned, the legislation as drafted is excessive, vague and seriously risks chilling free speech. Freedom to say only what others find acceptable is no freedom at all."
Other supporters' views
Speaking ahead of the campaign launch Jim Sillars said: "Freedom of thought, articulated by one's speech, is so fundamental to the civic and intellectual life of our nation that any attempt by the government to restrict that freedom has to be robustly opposed."
Jamie Gillies, a spokesman for Free to Disagree, said the government had "rightly identified that hatred and prejudice are wrong" but that "strong laws already exist to punish offences aggravated by prejudice".
"The new offences are vague and subjective. They pose a serious risk to free speech on a range of issues. Passing the bill in its current form would divorce Scotland from its proud free speech heritage and undermine freedoms that were centuries in the making.
"MSPs must hold the government to account and protect free speech."
Simon Calvert of the Christian Institute said: "The best antidote to bad speech is good speech. In the current hyper-sensitive political climate, it is vital that politicians don't add fuel to the fire by legislating badly-drafted speech laws that will cause further division, while doing nothing to help real victims of crime."
Dr Stuart Waiton said: "The more tolerant people become, it seems, the more intolerant our politicians become and the more laws we have to criminalise people for words and even thoughts that are labelled as unacceptable. This proposed hate crime bill is potentially the greatest threat to-date to what should be a free and tolerant society."
Find out more and respond to the plans
You can visit the Free to Disagree website to find out more about the campaign. You can also see how the NSS is responding to the Scottish government's plans, and how you can help, on our own dedicated campaign page.
Hate crime bill threatens free speech on religion, NSS tells minister
Posted: Fri, 3 Jul 2020 13:25
Plans to introduce a new offence in the Scottish government's hate crime bill pose a threat to free speech on religion, two secularist groups have told the justice secretary.
In a joint letter to Humza Yousaf, the National Secular Society and the Edinburgh Secular Society (ESS) have criticised a new offence of 'stirring up hatred' on religious grounds.
The letter questioned the necessity of introducing such an offence. It also raised particular concerns over the threshold for criminality and the weakness of a clause in the bill which is designed to protect free expression.
Letter criticises threshold for conviction
The bill could see people convicted of the offence if their behaviour is "threatening or abusive" and either intended to stir up hatred against a religious group or "likely" to do so.
The letter said the inclusion of the word "abusive" in the law "poses a serious risk to freedom of expression by promoting the idea that there should be a right not to be offended".
"It risks capturing a vast array of speech and will create an unreasonable expectation that religious sensibilities are protected by something akin to a blasphemy law."
The letter also criticised the fact that there would be no requirement to prove intent to secure a conviction.
"Because of the potential adverse impact on freedom of expression, including the chilling effects of the new offences in encouraging self-censorship, we believe it necessary for the prosecution to prove criminal intent."
Letter criticises weak free speech protection
A clause designed to protect free expression in the bill would prevent people from being convicted "solely on the basis" that behaviour or material "involves or includes discussion or criticism of religion or religious practices".
The letter said this provision was "substantially weaker" than its equivalent in England and Wales's Racial and Religious Hatred Act. A clause in that act says the law won't be given "effect" in a way that restricts criticism of religion.
The NSS and ESS's letter said: "If stirring up offences are introduced the freedom of expression protection clause must be strengthened to avoid seriously chilling free speech."
Additional notes on letter
- The letter noted that the Criminal Justice and Licensing (Scotland) Act 2010 already outlaws threatening or abusive behaviour against anyone where such behaviour would be likely to "cause a reasonable person to suffer fear or alarm".
- The letter also welcomed plans within the bill to abolish Scotland's blasphemy law.
NSS comment
National Secular Society CEO Stephen Evans said: "The Scottish government's plans to outlaw 'stirring up hatred' on religious grounds are unnecessary and pose a threat to freedom of expression.
"This bill will make it too easy to secure convictions on vague grounds, while worsening a climate of censorship and self-censorship and wasting police time.
"We urge the justice secretary to reconsider whether 'stirring up hatred' on religious grounds should be an offence at all. If he still concludes that it should, the bill will need to be amended to ensure the offence is narrowly defined and free speech is adequately protected."
ESS comment
Neil Barber, Edinburgh Secular Society's communications officer, said: "We applaud the Scottish government's concern for equality and the protection of minority groups but its proposed restriction on free speech concerning religion is flawed.
"A personal choice of religious philosophy may be quite peculiar to the individual and is very different from the immutable characteristics of race, disability or sexual orientation.
"Open and honest debate will be intimidated by a law protecting religious ideas from 'abuse' and criminalising 'the likelihood of stirring up hatred', which seems to bypass intent."
The ESS campaigns on secularist issues in Scotland and is affiliated to the NSS.
Image: The Scottish parliament building, © Mary and Angus Hogg [CC BY-SA 2.0]
