'Heavy-handed approach' to hate speech might have opposite effect, academic warns

A balance needs to be reached between freedom of speech and hate speech, academic Andrew Azzopardi said in a reaction to the equality Bills currently being debated in Parliament.

Azzopardi, dean of the faculty for social wellbeing, said he found exception with the use of the word "insulting" when describing words or behaviour that the law will seek to criminalise.

"The balance between free speech and hate speech is a difficult path to walk and while for the most part, the Bill seems to tread these various interests with due sensitivity... we particularly think that the criterion of insulting is too vague to be helpful as it does not specify who will decide what is insulting and what is not. Should it, therefore, be construed that any form of dissent even when scathing but legitimate be caught in the purview of this wide verb?,” Azzopardi asked.

He warned that such a heavy-handed approach might have the opposite effect. "Rather than stimulating civil and rigorous debate it could create a hegemony of ideas that once questioned may be silenced with the blessing of this act," Azzopardi said, adding the word 'insulting' should be removed or given a "rigorous and restrictive" interpretation at law.

He said the department welcomed the Second Reading of the Human Rights and Equality Commission Act and the Equality Act.

"In light of the diverse instances where hate speech, particularly online, has resorted with a frequency and a vitriol that has shaken all that hold the principles of social justice at heart, I believe, these complementary pieces of legislation are a step in the right direction," Azzopardi said.

Azzopardi said that it was encouraging that the Equality Bill incorporated an extensive list of characteristics against which persons may be discriminated. However, he noted that some of the characteristics required further elaboration as to how the legislator and subsequently the courts will interpret them.

Andrew Azzopardi, dean of the faculty of social wellbeing

"Age, belief, creed or religion, colour, ethnic or national origin, or race, disability, family responsibilities or pregnancy, family or civil status, gender expression or gender identity provide me with no particular queries. Language, nationality, political opinion, sex or sex characteristics, sexual orientation, and health status provide me with no queries as to what the legislator meant, however, it would be increasingly helpful to have the legislator provide us with definitions of what is to be understood by genetic features, property, and social origin," he said.

Azzopardi said he would also add lifestyle characteristics, choices and preferences such as music preference, tattoos, and piercing to the list, as several still encounter prejudice, stereotyping and discrimination on a daily basis.

Azzopardi also criticised the way in which gender quotas would be introduced within public services because the law itself did not specify at which level of seniority the 40% quota would be required. "I believe that this may result in a box-ticking exercise where the lower ranks of the public service might be inundated to reach the specific gender quota."

He said that while gender quotas are sorely needed, the structural factors that kept women away from public participation and the workforce would have to be tackled.

"Eliminating the barriers that keep women from work is not merely a numbers game but should ensure that all parties have the freedom to pursue employment, domestic and a mix of responsibilities in a way that does not impede their economic, social and mental wellbeing. The gender pay gap is such a negative mark and commitment to making this right is of the essence," Azzopardi said.

Azzopardi also said that the human rights and equality commission’s attempt to bring together the various offices through the standing advisory committee was "laudable" and should act as a "blueprint for other public authorities."

He also called for all structures within the proposed equality commission are approved by a two-thirds parliamentary majority.

"While I find that these new laws capture the spirit of social justice that motivates them, their implementation and drafting remain a work in progress that requires much more consultation and fine-tuning to ensure that the ends sought to be achieved are in fact achieved," Azzopardi said.