ENGLISH LAW AND INCITEMENT TO RACIAL HATRED

In: Race: the journal of the Institute of Race Relations, Heft 3, S. 311-330

Abstract

A review of current English legislation on the incitement to racial hatred, based on an examination of legal texts & relevant cases. The common law can be invoked in 2 types of cases: (1) the offense of sedition, & (2) the offense of creating a public nuisance. The Race Relations Act of 1965 specifically created in its section 6 a criminal offense of incitement to racial hatred. Before that, section 5 of the Public Order Act of 1936 was used in attempts to stop racial invective & propaganda; but it was found to be inadequate. The application & effectiveness of the Race Relations Act of 1965 are discussed. There has been a change for the better with regard to the language & character of racist literature; but a loophole in the Act has allowed bookclubs to distribute such literature. Lord Brockway has proposed an amendment to close this loophole but the Act provides adequate safeguards. I. Langnas.