Opinion: Free speech or freedom to discriminate?

Yesterday we were reporting that the House of Commons had voted to reject the free speech amendment to the Coroners and Justice Bill - which criminalises homophobic hatred, only to wake up this morning to find that the House of Lords had voted to include the amendment to allow criticism of "sexual conduct and practice", to "protect free speech". Now we know, that the amendment has been upheld.

Today's BBC 5 Live Breakfast phone-in was dedicated to the freedom of speech versus gay rights debate, as commentators and members of the public voiced there disapproval and support for the Lords decision.

Both the LGF's Andrew Gilliver and Joanne Dunning took part in the debate. So how was it for them?

Joanne: The freedom of speech debate is a huge and difficult subject to take on and it was interesting that many of the callers involved in today's debate were gay and fully supportive of the free speech ammendments.

But while I'm gay and firmly believe in a free and liberal society, I still believe that the free speech amendment shoud have been rejected while individuals use it to stir up homophobic hatred.

People who called into the debate, felt that the discussions over free speech and gay rights in the Houses of Parliament was a waste of tax payers money, others felt the discussion would only lead to a divide between gay people and straight people, and others argued that if a homophobic bigot is given enough rope, they will hang themselves.

But doesn't the recent rise in homophobic hate crime, the horrific homophobic gang attack on James Parkes and death of Ian Baynham after a homophobically motivated attack suggest that such laws and protections need to be in place?

While homophobia goes unchallenged; in schools, in the street, in the workplace, and in the media, people are allowed to think that is acceptable...when it clearly isn't.

Of the gay people who were interviewed on the show and were in favour of the free speech amendment, while respecting their opinions, I found it difficult to reconcile their support for free speech, especially at a time when as a community we are calling for homophobic hate crime to be taken more seriously.

Deborah Gold from Galop rightly said on the show that legislation and education needed to go hand in hand. This bill which will make "hatred against persons on grounds of sexual orientation" an offence, will hopefully be the start of a zero tolerance policy on homophobia, and in turn, over time, will lead to a cultural change which would see more respect of difference, and a drop in hate crime.

The debate led to much discussion about how the law would impact on people expressing opinions about homosexuality based on their faith - would they find themselves falling foul of the law? Legal experts on the show made it clear that the law would only come into play in the public domain, not the private.

If loopholes are added, like the free speech amendment, the legislation becomes diluted and is easy to abuse. I stressed on the show that if we lived in an ideal world then freedom of speech would be the goal, but unfortunately we live in a world where people abuse their influence to incite hatred.

The House of Lords has spoken and the government have today admitted defeat, so the free speech amendment stands. But, while it is still hugely important that the bill which makes "hatred against persons on grounds of sexual orientation" an offence is in place, on a personal level I feel that the free speech amendment sets a dangerous precedent, at a time when we need a zero tolerance policy towards homophobia.

Andrew: Todays's debate was the latest in this long running discussion concerning the free speech amendment to the Coroner's and Justice Bill. I am terribly disappointed that the amendment will stand and I only hope that this isn't an indication of what will happen to the Equality Act next year.

It was Lord Waddington, the Conservative Home Secretary under Margaret Thatcher who tabled the free speech amendment saying that urging someone to change their sexuality or criticising homophobia should not count "of itself" as threatening or as intended to stir up hatred. To read more, click here.

Freedom of speech or gay rights? have your say.