New law means anti-gay comments could lead to seven years in jail
Last updated at 21:22pm on 08.10.07Stirring up hatred against homosexuals is to become a serious crime punishable with a seven-year jail sentence under a law announced last night.
The legislation - similar to laws already in force outlawing persecution on religious or racial grounds - will make criminals of those who express their views in ways that could lead to the bullying or harassment of gays.
The maximum sentence is longer than the average of around five years handed to rapists.
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Jim Davidson was axed from Celebrity Hell's Kitchen for branding Brian Dowling a 'shirt-lifter'
The announcement widened the rift between opposing supporters of freedom of speech and gay rights.
Christian groups condemned it as "a law to allow Christiansto be locked up for what they believe".
But the gay pressure group Stonewall said those who disapprove of homosexuals would have nothing to fear from the law if they express their views in a manner that is "temperate" and "polite".
Justice Secretary Jack Straw told MPs the gay harassment law will be included as an amendment to the Criminal Justice and Immigration Bill currently going before Parliament, though ministers have yet to decide the wording.
Mr Straw said: "It is a measure of how far we have come as a society in the last ten years that we are now appalled by hatred and invective directed at people on the basis of their sexuality.
"It is time for the law to recognise this."
He raised the prospect of extending the law to cover to "transgendered" people and the disabled.
The new law aims to catch those who do not explicitly call for attacks or discrimination against homosexuals, as this is covered by existing incitement laws.
Instead, police will be allowed to pursue those who create an "atmosphere or climate" in which hatred or bullying can be fostered. Officials said it would not prohibit criticism of gay, lesbian and bisexual people or joke-telling.
The final decision over who has "crossed the line" will rest with the police.
Criminal legislation on gay harassment follows the recent Sexual Orientation Regulations which make discrimination against gays an offence against civil law.
Last night a CofE spokesman said: "We will be scrutinising any legislation to ensure that it safeguards the safety and rights of minorities without jeopardising wider concerns for freedom of expression, including the expression of religious faith."
But Stonewall chief Ben Summerskill said: "We are crystal clear that this is not about constraining anyone from expressing their religious views in a temperate way.
"It is about preventing people from inciting hatred, whether through the lyrics of rap musicians or Muslim organisations which hand out leaflets saying that all homosexuals are paedophiles."
• Parents will be told if a paedophile posing a threat to their child moves into their home or street under amendments to the Criminal Justice and Immigration Bill introduced last night.
But there is still no general right for parents to ask if there is a paedophile living in their neighbourhood, as demanded by "Sarah's Law" campaigners after the murder of Sarah Payne seven years ago.
Reader views (53)
Here's a sample of the latest views published.
It seems strange reading comments about this law, as a gay man, as well as someone who has been violently attacked for being what i am, i can't help but think that people's comments are too reactionary.
No law is set in stone, judges are allowed to interpret the law as they see fit, if they see someone who is a violent homophobe then they will be sentenced as such, whereas a disguntled person who makes inappropriate comments may be given a warning.
It can indeed turn into a nanny state, but perhaps that's what we need when peoples actions are now becoming as volatile as their views.
As for people saying this will take away resources from real crimes, I can't help but think that so many gay men are murdered - a very real crime - for being who they are, does no one consider that.
People are entitled to have thir views, but when those views are turned into a rod to beat someone with it's a different matter.
- Michael, Portsmouth
No wonder they were too scared to call an election. Most people are fed up to the teeth with this pathetic excuse for a government. They are determined to create a nation of victims, when the victims of real crimes are ignored.
- Beatriz, London
These Nu Labor guys have forgotten about right and wrong and only believe in their own speeches! All what Crash Gordon says is good nothing else is important...
- Jacqueline, Hampstead, London
This isn't a freedom of speech issue. It's about saying you can't INCITE HATRED based on sexuality which I think any sane individual can agree is a good thing, even the New Labour bashers.
- Richard, London
Idiocy.
- Stephen, London
Most intelligent, mature people manage to express a differing point of view without being offensive. The only people who will be at risk from this law are people who deliberately want to be offensive and to vilify another human being. Why would anyone be in support of them? Thank heavens Britain is great enough to have the foresight and show leadership in showing that small-minded homophobia and zenophobia doesn't have a place in any civilised society. It makes me proud to be British.
- Susan, London, UK
What a sad time we are living in under this labour government.
- Mick Wright, Wellingborough UK
Being both Jewish and Gay, it looks as if I could be locked up for having a lighthearted conversation with my mother! This is a ridiculous law, I can't imagine any thinking person supporting it.
- Teddy, Islington, UK
Homophobia is unpleasant but, really, 7 years?! Drunk drivers who cause fatalities get less.
- Rd, Glamorgan, UK
Most of the comments posted concern me deeply - I was brought up by gay parents - and as a catholic. Your hysterical comments confirm the need for this new law - some of you might consider the law petty - but then you might be in the very fortunate position to have never been persecuted or bullied because of your sexuality.
- Ep, London
How funny...lectures from America on 'Freedom of Speech'
- Lisa, UK
Ridiculous over-reaction from most of your posters. You will still be able to criticise something you don't like or don't agree with (whether it's your business or not). What you won't be allowed to do is use that disagreement to abuse or insult or incite violence against people who are happy and comfortable with their lives. That, to me, sounds like a sensible and long overdue addition to the statute books. You can all carry on expressing yourself and utilising your "freedom of speech". You just won't be able to turn it into hatred and violence - and surely most decent people (of whatever persuasion) couldn't object to that. Otherwise, let's make it legal to beat up followers of a different football team, or old people, or people who vote for a political party with which we don't agree.
- Terry Ruth, Croydon, UK
What an injustice then for the victims of real crimes like muggings, thiefs, rapists, murderers etc.! This government is trying to protect some vested interests not the citizens of this once fine country!
- Francine, Islington, London
Dangerous, political stupidity.
Nobody should be insulted - however I will oppose a fascist political party which will put people away for 7 years for insulting certain groups.
Am I allowed to wear a black shirt or are only red ties permitted?
- Derek Smart, London
I see the two negative comments originate from the US. Are these people in the pay of the Christian Fundamentalists?
Considering many religious extremists call for the homosexuals to be killed, I am glad that these vile views will be outlawed.
- Neil, London
Seven years for "offensive" language? I guess the New Labour Central Office will be the judge. Straw should be out making this country free of terrorists and putting criminals away not spending his time on silly speeches like this one.
- Georgie, London
Religious organisations have no right to criticise this legislation. Most were happy to support a similar piece of legislation protecting religion in terms of incitement (and religious beliefs are chosen unlike sexual orientation). The religious can still believe what they like, but it is not acceptable to incite violence against gay men and lesbians any more, no matter what you choose to believe in. I believe it is religious organisations who are at the forefront of creating the climate of hate which results in horrific numbers of gay men and lesbians being verbally or physically abused in the UK every year and which destroys their health and well being. This legislation may force us all to think about the harm that homophobic hatred causes. It is no longer good enough to prioritise the denigration of homosexuals as a means of demonstrating piety or having a commonality to hold a religion together.
- David Reid, London
Nanny State! Well I hope you guys have all learned your lesson. Now at least you know, never to let New Labour into power again.
- John, London
I think a measure of how far we have come as a society is the fact that 21 teenagers have been stabbed to death on the streets of London THIS YEAR.
I don't condone homophobia but for god's sake, get the priorities right. Labour really do seem to be making a concerted effort to dig themselves into a nice big hole. No wonder they are running scared of the electorate.
- Captain Blass, London
I am frightened to express a view about anything in case I offend someone unintentionally and end up in prison. In fact the law is more lenient and tolerant if I drive carelessly and kill someone, rape someone, stab someone but god forbid I actually express an opinion ... how dangerous is that!
- Kim, Lancing, West Sussex
I am regularly offended by the attitude of religious people to my atheiest and humanist way of life. I have no protection from being subjected from hatred from religious people, no matter what their faith or creed (and belive me, to question someone's belief in something I view as silly can often result in hatred).
If a few Christians get "locked up for what they belive" then I'm all for it, at least homosexuality is something that can be proved and is real.
- Rich, London
Homosexuals used to be sent to prison simply for being homsexual. Now it seems in a few years I might go to prison simply for being hetrosexual.
- Bj, London, England
How would they ever prove that someone made a "hateful" remark - are gays all going to carry recording equipment. This is ridiculous - there are far more things that people should go to prison for like carrying guns and knives. Ridiculous!
- Charlie, London
So I must love my neighbour if they are of ethinic origins even if they are neighbours from hell.
Now I must love my gay next door neighbour even if he/she are neighbours from hell.
I don't care who or where my next door neighbours come from or look like, but I do expect to have the right not to like them and be able to say so if they are the neighbouirs from hell.
- Pat, Sussex
You must now only think of pretty things and little fluffy bunnys, or you will be thrown into prison for ever.
- Tasha, Croydon
This is exactly why many want NuLabour and their nanny state out of office as soon as possible. Soon you won't be able to look at someone for more than 0.5 seconds without it being considered a crime. George Orwell predicted the trend, but it's gone beyond even his fears.
- Phil Jones, London, UK
Why all this concern about the European constitution-ahem-treaty taking away our liberties when this kind of thought-policing is being proposed, right under our noses, by our own politicians at Westminster?
- Jonathan, Surrey, UK
If you ever have an intruder in your property, when you call the Police, don't bother telling them he's got a gun or a machete, just tell them he was shouting gay abuse!
Someone wake me up from this Labour nightmare.
- Nw5chav, London
Once again one rule for one and one for everybody else due to fear of infringing rights - what about ours?
- Anon, London, UK
I don't think for a minute that the ruling Elite cares anything about homosexuals. It is hard to think of any ruling class that ever did want to legitimise homosexual behaviour among the masses and for sound societal reasons.
There are already laws in place to protect all of us from violence and intimidation. What our masters are concerned with is stirring up trouble so they can split us into camps and use divide and rule to take our freedom.
This will be yet another Pyrrhic victory for the homosexual movement because neither they nor the rest of us can possibly win under such a system.
I was threatened with police involvement for stating my position on homosexual acts even before the previous Sexual Orientation Regulations became law, so I expect to see more bad feeling in society with the ever-increasing and unnecessary legislation.
Either politicians are too stupid to realise this or it is deliberate divide and rule policy. I suspect the latter.
- Stewart Cowan, Stranraer, Wigtownshire, UK
Rest assured people. We can feel safe now knowing that victims of violence, sexual assaults and the like will be left stranded as police officers attend to crying gays that feel 'insulted'.
- Jon Doe, London, UK
Meanwhile child abusers can get away with having to sign a register.
- Steve, London
What's the maximum term for making a derogatory comment about the sexual orientation and skin colour of a heterosexual Caucasian male. Oh there isn't a law against that? How surprising!
- Terry Roll, London
So let me get this straight (pardon the pun or is saying the word straight now an offence too?) , gay people are supposedly equal to me yet they have a say in my freedom of speech? I've never offended a gay person and have no reason to, but isn't this stupid law going to mean that many heterosexual people are going to be afraid of speaking to gay people in case something is taken the wrong way (or a false accusation made) and communication will become even worse?
Many gay people such as the lesbian in my house, have a habit of mentioning their gayness at every opportunity. If I ask her to stop banging on about it and having lewd coversations on her mobile in our shared living room, does that mean I should be locked up for 7 years?
- Kit Robinson, Hounslow
More obedience training from the most repressive government since the Norman Conquest. Straw may or may not genuinely care about the feelings of homosexuals, but the object of his exercise is to get us even more used to having our words, and thus our thoughts, controlled from above. Elizabeth I, not exactly a social liberal, said that she did not wish to make windows into men's souls. Straw does.
- Joseph B. Fox, Rdhill, Surrey, England
So - shouting 'gay' at someone will attract the potential to go to jail for 7 years. Shooting the same person with a gun will attract a maximum of 5 years - how nu labour!
- Gary Parker, amersham
I wonder why gay rights cannot be brought in line with racial /sexual discrimination legislation - then end the matter. There was legislation giving them rights 'to services' earlier this year - now another new law - I didn't realise that this group fell outside laws which protect the rest of us. What is this society's preoccupation with what people get up to in bed?
Why would we religious people or atheists want to bully or incite hatred of anyone.
- Natalia Grant, London, UK
How can this be fair? A murderer or burglar gets out after a year! These Nu Labor guys are really ruining this country and law and order is gone.
- Stevo, London
How stupid. Not even paedophiles and murderers get that long! Get a grip Labour and get your priorities right. On the news this morning a murderer of 17 could not be named because he was "under age". Rubbish he murdered a human being - name him- he new exactly what he was doing. My cousin is a homosexual and even he says that this will inflame more than calm.
- Minime, Southend
Paul Bradford - there is a lot of difference between maximum potential sentence and average actual sentence. Whatever your view, any law that holds the prospect of having Jim Davidson banged up is worthy of our support. I'd pity his cell mates though.
- Austen, London
Just goes to show how the government has got its priorities wrong again. There appears to be no rhyme or reason behind legislation - only recently a 14 year old boy is let off for shooting a girl in the eye with an air rifle, while a 10 year old may be prosecuted for throwing a grape at an immigrant woman and telling her to 'go home!
- Paul, London
So it's OK to stir up hatred against sraights, then? Discrimination!
- John, Norwich, England
Yet another example of people losing their freedom of speech. Oh, wait, maybe I'm mistaken; I see you're still allowed to say something against gays if it's "temperate" and "polite." Give me a break! No homosexual is going to accept any comment as "temperate" or "polite," that seems to criticise or make them feel guilty for their actions. If people lose the freedom to voice their opinions, even those that may be disagreeable to certain people, then what other freedoms can be stripped from you? Beware of the slippery slope.
- Anonymous, Indiana, USA
I think this is the outrage of 21st century. People should gather up signatures to repeal this most repugnant law ever immediately. Start the petition drive, now. What happened to Freedom of Speech.
- Rajdeep Singh Pannu, Manteca, USA
'Mr Straw said: "It is a measure of how far we have come as a society in the last ten years that we are now appalled by hatred and invective directed at people on the basis of their sexuality."'
Fine, but, hang on a moment! Isn't this the same Government that wants to lock people up for three years for possession of what it defines as "extreme pornography"? (This includes screen captures taken from films like Saw or Hostel if, in someone's subjective opinion, it's a) extreme and b) you took the clip for "sexual arousal")
How can Jack Straw be in favour of one law that is supposed to protect people from being persecuted on the grounds of their sexual preferences, yet add this to a bill that contains a section that will, err, persecute people on the grounds of their sexual preferences...?
Methinks I smell the scent of New Labour hypocrisy (again!)
- Graham, UK
What about people downloading child abuse videos and pics? An actor got ONLY a few months for doing that!
Why not seven years?
- Alya, London, UK
Sorry, Christians are wanting the freedom to hate? And they wonder why the churches are empty.
- Edna Wynthrope, London
How will this be policed? Surely people have better things to do than punish people for careless remarks. Can this government please get back to fundamental issues that public are really concerned about, and stop taking away our civil liberties. Before we know it everyone in middle England will have a criminal conviction, when the real criminals carrying on committing real crimes.
- John, London
George Orwell and Aldous Huxley would have been proud. With thought crimes and newspeak enshrined in law it won't be long before we are all forced to wear devices that read our minds and record our speech. Any deviation on the permitted will result in instant electric shocks to ensure we think and say the right things.
- Marc, Harrow, UK
That's a long-opened can of worms being dumped out on the table-top once more.
Consider the religious stance on the lifestyle and practices, people who genuinely dislike the same and don't like having their noses rubbed in it all, people who genuinely believe it to be wrong.
You can bet that these people will be attacked by the activists as much or even more than the foaming at the mouth extremists who DO need to be slapped down. Maliciously inciting hatred for any reason is always going to be wrong. Having an opinion and a willingness to discuss it can never be wrong. It's that freedom of speech thing.
It simply looks like another baby and the bathwater issue here - or is it just another attempt to get the hard-left activists stirred up again.
- Rogan, Dallas TX
This is just another reason why Labour are extremely dangerous. They are imposing petty laws which will send thousands of innocents to jail, including the ridiculous Extreme Images Bill quiety snuck in as clause 6 in the Immigration Bill. So if someone is opposed to gay marriage they are imprisoned? I have never heard such childish rubbish-talk, this has to be a joke. No, this has to be a joke. Next, no one will be allowed to say anything in case you get arrested because, oh my god, we may offend someone. If this keeps up I will start supporting European rule because Labour are dangerous, they don't know where their interest lies and are unstable. They cancelled the election, what does that say? And BTW this is coming from someone who is patriotic and loves, or tries to love if it's legal, her England. But with Labour in power there is nothing left to love.
Stop making the PCs win and grow up, Labour.
- Sarah Flaherty, Ormskirk
Oh Straw is he also still there? He was talking was he? In the mean time criminals are on the loose because "jails are full", cannot get caught because of few and disinterested police, UK passports are now so devalued that even partner countries like Spain and the USA desire extra credentials before they allow UK citizens in, we seem constantly under threat from terrorists and it takes many hours for returning UK passport holders to queue at UK airports, the Communist Supporters Officers can not swim, the ASBO's do not bite, the drinking hours changing again etc. etc.
- Jacqueline, Hampstead, London
Just like this Government, how ridiculous! If I'm caught carrying a gun, I'll get five years. But make a homophobic remark and I'll get seven!
- Paul Bradford, Monflanquin, France
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