ISPs Exempt from Hate Speech Charges

New Regulations have recently been passed that exempt internet service providers (ISPs) from responsibility for sexuality-related hate speech transmitted over their networks.

The Criminal Justice and Immigration Act 2008 amended the Public Order Act 1986 by extending the offence of stirring up hatred on the grounds of religion to include the stirring up of hatred on the grounds of someone’s sexuality. Whilst it is unlikely that an ISP would be found liable of such offences under the Public Order Act because of the requirement for intent, the Electronic Commerce Directive (Racial and Religious Hatred Act 2006) Regulations 2007 exempted ISPs from liability in respect of religious-related hate speech.

The Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations replace the 2007 Regulations to reflect the new offence of the stirring up of hatred on grounds of sexuality and provide exceptions from liability for both religious and sexuality-related hate speech which ISPs simply store or pass on to service users.

If you would like advice on any aspect of e-commerce law, please contact us on 01245 453822 or email andrea.curtis@birkettlong co.uk