The Racial and Religious Hatred Bill is about creating a new criminal offence (with a maximum penalty of 7 years in jail) of 'stirring up hatred against people on religious grounds'. It does this by adding new parts to an older law: the Public Order Act 1986.



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3. It will not affect the ability of faith groups to proselytise.

With the low threshold of insulting words/behaviour; the imprecise term hatred; and the absence of any justification that the words/behaviour are true/reasonable the offence will create a chilling effect on faith groups who are already being warned by police.

4. Section 18(5) of the Public Order Act (as amended) will provide a defence for those who do not intend to stir up religious hatred by their words where a person "was not aware that [his words] might be insulting".

In order to take advantage of this defence the accused would have to prove that he personally did not consider that the words might be insulting. Christians are aware that telling people they are sinners who need to turn to Jesus Christ for forgiveness will be offensive and even insulting to those who do not accept the Christian faith

The Schedule to the Bill will amend section 18 of the Public Order Act 1986 to read as follows:

(1) A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting is guilty of an offence if-

  • He intends thereby to stir up racial or religious hatred, or

  • Having regard to all the circumstances the words, behaviour or material are (or is) likely to be heard or seen by any person in whom they are (or it is) likely to stir up racial or religious hatred.


Dear (Name of your MP),

I am writing to you as a Church leader/charity leaders/individual representing around (number of constituents - please give a figure of those who vote).

We are extremely concerned that despite widespread criticism and opposition, Labour continues to push the Racial and Religious Hatred Bill forward. We of course support the rationale of deterring and criminalizing those who maliciously stir up hatred against members of religious groups, but we are worried that the Bill will have consequences which the Government does not intend or desire.

As Christians we are compelled to follow the teachings of the Bible. Our faith teaches us that to some the Gospel of Jesus Christ is light but to others it will cause offence. This means that as we preach and spread the Good News within our communities, some will hear it and say that such a message is insulting and could stir up, or is likely to stir up, religious hatred. Our intention would never have been to do such a thing (but this would provide no defence under this law), and we would find ourselves caught under the proposed legislation, should it become law.

The need for the Attorney General's sanction in order to prosecute offers very little comfort because it would not prevent arrests and investigations, both of which would cause distress and inevitable division between faith communities. The danger of 'tit-for-tat' accusations by members of different religious groups against each other has been borne out under similar legislation in Australia.

Of course, we abhor incitement to religious hatred, but as far as we can tell, and as far as we have been advised by senior lawyers, the present law is entirely adequate and there is no need for this new Bill. The good intentions behind the Bill are undoubtedly overshadowed by the adverse consequences it will have if it is enacted in its present form. The prospect of clergymen hauled in front of a court by a vexatious litigant is not one the government here ever intended. However, neither did the government in Australia intend for a witch to take the Salvation Army to court in an unmeritorious, embarrassing recent case which the judge eventually threw out. Yet it happened there. Our fear is that the same could happen here.

I would like to meet with you to discuss these concerns. Please advise us as to when you are available.

Yours sincerely

YOUR NAME
Name of Ministry CR

The opinions expressed in this article are not necessarily those held by Cross Rhythms. Any expressed views were accurate at the time of publishing but may or may not reflect the views of the individuals concerned at a later date.