Irreligious freedom

Should the right not to be offended have a place in the statute book?

Despite its recent, ahem, troubles, the Equality and Human Rights Commission is determined to press ahead with what its chair, Trevor Phillips, referred to as its "mission" in an article in Saturday's Guardian. But while setting out his agenda for the autumn, Phillips briefly mentioned one proposal that made me pause. "There will be new work," he wrote, on "hate crime against . . . religion and belief."

Why the hesitation? Who could object to stronger protection from intimidation, physical attack or bullying on these grounds? The problem is that the Racial and Religious Hatred Act 2006 already goes considerably further than that in its references to "threatening" words, behaviour, written material and public performance of a play. As Liberty warned at the time: "Criminalising even the most unpalatable, illiberal and offensive speech should be approached with grave caution in a democracy."

Defenders of the act can point to Section 29J, "Protection of freedom of expression", which makes it clear that:

Nothing . . . shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents.

Further evidence of the act's innocent effect may be found in the paucity of prosecutions under the legislation to date, the charging last month of a former BNP candidate with incitement to racial hatred being a rare exception.

But there are two serious points to be made about this. First, the act's seeming toothlessness can hardly be said to be in its favour. If it is supposed to prevent the likes of Rowan Laxton, the head of the Foreign Office South Asia Group (since suspended), from shouting "Fucking Israelis" and "Fucking Jews" while exercising in his gym, as he is alleged to have done this February, then one must hope the prosecution is successful in bringing him to trial this month. (Many feel that his comments should have earned him dismissal and ostracism, but not prosecution. That, however, is an argument for the act's repeal, not in favour of our government producing legislation that turns out to be unenforceable.)

Second, what the act has contributed to, intentionally or not, is a climate in which the boundaries protecting free speech are slowly being pushed back without anyone ever discussing, agreeing, let alone legislating, that they should be moved. Not long before the act was passed, performances of Bezhti, a play by the British writer Gurpreet Kaur Bhatti, were cancelled by Birmingham Repertory Theatre after hundreds of Sikhs protested at its depiction of rape and murder in a Sikh temple.

Worse was the response of Shirley Williams -- a woman whose political life has been at the coalface of liberal causes -- when asked on Question Time in 2007 about the decision to award a knighthood to Salman Rushdie. It was a "mistake", she said, because he was a man who had "deeply offended Muslims in a very powerful way". You didn't have to concur with Christopher Hitchens's view of religion to approve of his rebuke: "I think that's a contemptible statement and everyone who applauded it should be thoroughly ashamed of themselves."

This is the real worry about further "work" in this area: that well-meant legislation on hate crimes ends up giving force to a new right not to be offended that has not, and should not have, any place on the statute book. This may surprise readers who saw my column introducing this blog. Did I not castigate Sebastian Faulks for his comments on the Quran? I do indeed deplore his careless, thoughtless and offensive remarks. I don't think he should have made them. But I would never, ever, deny his right to have done so. So I look forward with interest to the EHRC's plans. When they meet, matters of opinion, belief and the law intersect in the most dangerous way. Great caution is required in policing this.

Sholto Byrnes is a Contributing Editor to the New Statesman
#Match4Lara
Show Hide image

#Match4Lara: Lara has found her match, but the search for mixed-race donors isn't over

A UK blood cancer charity has seen an "unprecedented spike" in donors from mixed race and ethnic minority backgrounds since the campaign started. 

Lara Casalotti, the 24-year-old known round the world for her family's race to find her a stem cell donor, has found her match. As long as all goes ahead as planned, she will undergo a transplant in March.

Casalotti was diagnosed with acute myeloid leukaemia in December, and doctors predicted that she would need a stem cell transplant by April. As I wrote a few weeks ago, her Thai-Italian heritage was a stumbling block, both thanks to biology (successful donors tend to fit your racial profile), and the fact that mixed-race people only make up around 3 per cent of international stem cell registries. The number of non-mixed minorities is also relatively low. 

That's why Casalotti's family launched a high profile campaign in the US, Thailand, Italy and the US to encourage more people - especially those from mixed or minority backgrounds - to register. It worked: the family estimates that upwards of 20,000 people have signed up through the campaign in less than a month.

Anthony Nolan, the blood cancer charity, also reported an "unprecedented spike" of donors from black, Asian, ethcnic minority or mixed race backgrounds. At certain points in the campaign over half of those signing up were from these groups, the highest proportion ever seen by the charity. 

Interestingly, it's not particularly likely that the campaign found Casalotti her match. Patient confidentiality regulations protect the nationality and identity of the donor, but Emily Rosselli from Anthony Nolan tells me that most patients don't find their donors through individual campaigns: 

 It’s usually unlikely that an individual finds their own match through their own campaign purely because there are tens of thousands of tissue types out there and hundreds of people around the world joining donor registers every day (which currently stand at 26 million).

Though we can't know for sure, it's more likely that Casalotti's campaign will help scores of people from these backgrounds in future, as it has (and may continue to) increased donations from much-needed groups. To that end, the Match4Lara campaign is continuing: the family has said that drives and events over the next few weeks will go ahead. 

You can sign up to the registry in your country via the Match4Lara website here.

Barbara Speed is a technology and digital culture writer at the New Statesman and a staff writer at CityMetric.