LONDON, Oct 1: A new act which came into force on Monday in England and Wales makes it illegal to incite hatred against Muslims, Christians and other religious groups.

The Racial and Religious Hatred Act creates a new offence of intentionally stirring up religious hatred against people on religious grounds, closing a gap in the current legislation.

The new offence, however, is limited to threatening words or behaviour, and there is a requirement for the prosecution to prove intention to stir up religious hatred. In addition, there is a limiting statement, protecting legitimate freedom of expression, in the following terms:

“Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system”.

Existing offences in the Public Order Act 1986 legislate against inciting racial hatred. Jews and Sikhs have been deemed by the courts to be racial groups and are protected under this legislation, but other groups such as Muslims and Christians are considered to be religious rather than racial groups and have therefore not previously received any protection under the law.

The new Act will give protection to these groups by outlawing the use of threatening words or behaviour intended to incite hatred against groups of people defined by their religious beliefs or lack of belief.

This Act is said to close the small but important gap in the law against extremists who stir up hatred in communities.

The Racial and Religious Hatred Act received the Royal Assent on February 16, 2006.

Legislation against religiously and racially aggravated crimes is already in force under the Crime and Disorder Act 1998. The Act introduced nine racially or religiously aggravated offences, (including assaults, criminal damage, public order offences and harassment) which make higher maximum penalties available to the courts where there is evidence of racist or religious motivation or hostility in connection with an offence.

The reference to “religious belief or lack of religious belief” is a broad one, and is in line with the freedom of religion guaranteed by Article 9 of the European Convention on Human Rights.