UK lawyers uneasy about plan to prosecute hate speech at home (The Guardian)

[vc_row][vc_column][vc_column_text]Ruth Smeeth, Index’s CEO, explained her criticism of the proposed removal of the “dwelling” privacy exemption currently in UK law.

The change would mean a legal grey area where people could theoretically be prosecuted for something they say in their own homes.

“We need to have a proper national debate if we are going to start putting restrictions on language like this. There could be unintended consequences. People have a right to debate issues at home. If someone reads from Mein Kampf at home because they are studying it, would they get reported to the police? Where do you draw the line between intellectual curiosity and crime?”[/vc_column_text][/vc_column][/vc_row]

Hate crime bill: Law would criminalise teatime chats, claim campaigners (Times)

[vc_row][vc_column][vc_column_text]Index CEO Ruth Smeeth warned of new legislation in Scotland that would “govern what we say to each other over a cuppa”.

The new “hate crime bill” proposed in Scotland has been heavily criticised since its inception.

In The Times, Smeeth said: “Common sense seems to have gone out of the window with regards to the Scottish hate crime bill. Let’s be clear, hate speech is appalling and if it’s inciting violence and illegal behaviour it should be banned. But this is now trying to regulate what people say to each other over dinner — it’s absurd. We need a legal framework to protect the general public from the impact of hate crimes, not a piece of legislation to try and govern what we say over a cuppa.”[/vc_column_text][/vc_column][/vc_row]

New ‘online harm’ legislation is a threat to free speech (Independent)

[vc_row][vc_column][vc_column_text]Index on Censorship CEO Ruth Smeeth has voiced her concerns regarding the proposed Online Harms Bill. Smeeth wrote in The Independent that the legislation, though well intentioned, would risk campaigning for ‘cultural change’ and thus have a further impact on freedom of expression online.

“If that’s the case, then as a former politician I worry about the concept of legislating for cultural change,” Smeeth said, herself a victim of online abuse. “There is absolutely a problem online and it is causing real harm, but banning language rather than engaging in education programmes screams as a political fix rather than an actual solution.”

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Heavy fines on social networks for not tackling online abuse may have unintended consequences

[vc_row][vc_column][vc_single_image image=”114965″ img_size=”full” alignment=”center”][vc_column_text]Heavy fines for social media companies who fail to act on online abuse and hate speech will have a negative effect on online expression, according to Index on Censorship CEO Ruth Smeeth.

Smeeth was taking part in a discussion on the proposed Online Harms Bill with the Board of Deputies of British Jews, a group that acts as a forum for members of the country’s Jewish community, along with shadow home secretary Nick Thomas-Symonds and Tottenham MP David Lammy (see top).

“Self-regulation has not really been effective,” said Smeeth. “[But] if we fine heavily they will be so conservative with what they allow on the platform.”

The discussion was called after rising incidence of anti-Semitism in the UK. Between January and June, 789 separate incidents of anti-Semitism were logged, up 4% on the previous year.

The proposed Online Harms Bill – still in its white paper stage – aims to force social media companies to regulate their sites in order to clamp down on abuse and harmful speech. The legislation is in line with a similar ruling in Germany introduced in 2017, where social media companies can face fines of up to €50 million.

Smeeth, herself a victim of online abuse, expressed her support for the bill as a way of tackling illegal hate speech, but suggested that alterations need to be made so that overly heavy fines do not cause social media companies to over-regulate.

“There are young people who have not been able to access counselling services having self-harmed,” she said. “They are using online forums to talk about their pain sometimes in very explicit language to support groups.”

“They would not be able to do so under this legislation.”

Clause 3.5 of the white paper draft will ensure that not just illegal hate speech can be shut down, but also what the legislation deems ‘legal but harmful’.

“The idea that we have something that is legal on the street but illegal on social media makes very little sense to me,” she said.

In 2019, Index made a submission to the white paper consultation, stating: “The focus on the catch-all term of ‘harms’ tends to oversimplify the issues. Not all harms need a legislative response.”

The law in Germany has since been criticised by Human Rights Watch and said it sets a precedent that will turn private companies into ‘overzealous censors’.

Shadow home secretary Thomas-Symonds is keen to have an independent regulator and feels the time for self-regulation has ‘long passed’.

He said: “We need a statutory duty of care and an independent regulator that has teeth. It has to have that power to levy particular penalties when social media companies are simply not doing what they should be.”

Lammy added that the key to curbing online hate speech towards minorities and anti-Semitism was the Online Harms Bill.

“You are not a civilised democracy if you do not protect minorities,” he said. “Until we have dealt with this issue nationally, we will not have fully dealt with it.”

In June, Lord Puttnam – Chair of the Lords Democracy and Digital Committee – warned that the bill may not come into effect until late 2023 or early 2024.

The full Index issued response to the white paper can be read here.

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