Ordo Iuris: Penalization of the “talk of hatred” threat to freedom of expression
date:01 October 2024 Editor: Anna
In Poland, work is underway on a bill that will penalise the alleged hatred speech. The introduction of these provisions could lead to a far-reaching regulation of freedom of expression, especially for those with conservative views.
Participants of the debate organized by the Ordo Iuris Institute and Association of Polish Journalists discussed this problem.
The subject was presented from both legal and journalistic perspective. This has besides been addressed in the context of the situation in another countries.
The starting point for the debate was the book “The Speech of Hate” - a Trojan Cultural Revolution horse by Adv. Rafał Dorosiński from the Board of Ordo Iuris.
The participants of the debate were Dr. Jolanta Hajdas – manager of the Centre for Monitoring the Freedom of Press of the Association of Polish Journalists, adw. Jerzy Kwaśniewski – president of Ordo Iuris, adw. Rafał Dorosiński, Maria Kądzielska-Koper – journalist, among others, “To the Thing” and Michał Jaszewski – legal advisor of SDP.
At the beginning, Rafał Dorosinski explained why he called the concept of alleged hatred speech "a Trojan horse". He pointed out that this concept is promoted to mislead people. He stressed that “there is simply a wide cultural activity behind it, an axiological coup”.
Michał Jaszewski, in turn, stated that the book by Mr Dorosiński was “heavy works”. It points to a number of dangers that arise from the penalisation of alleged hatred speech and how this concept is utilized in cultural warfare. He besides stressed that the Soviets were the top advocates of the fight against the “talk of hatred” after planet War II.
Adw. Dorosinski besides pointed out that people who argue the fight against “talk of hatred” are not supporters of hatred or contempt towards another people. In fact, specified actions aim to prevent the formulation of assessments critical to certain social groups, or censorship. Today's fight against alleged hatred speech is simply a consequence of promoting left-wing concepts specified as "critical race theory" or "repressive tolerance".
Maria Kądzielska-Koper agreed that the word “talk of hatred” is part of the cultural struggle. She besides gave examples of specified activities from Britain as she erstwhile lived in. She told about the trials that were carried out, among others, by a 17-year-old girl who made the song available on Instagram with the word "nigger" or by a pastor who spoke critically about the demands of the LGBT movement.
Dr. Hajdas referred to the legal regulations which the Polish government announced. They were to apply from June 2024, but are inactive under development. The proposed regulations are to amend Articles 199, 256 and 257 of the Criminal Code. They senile the usage of threats and violence, incitement to hatred and public insults due, among others, to race, nationality and religion. These provisions are to be accompanied by ‘disability, age, gender, sexual orientation or sex identity’. The manager of the Press Freedom Monitoring Centre stressed that this case was made public by the Ordo Iuris Institute.
Adw. Jerzy Kwaśniewski, on the another hand, noted that in the case of the implementation of these regulations, “all of us are in danger of imprisonment”.
"The task that was prepared at the Ministry of Justice is simply a task that is implemented in Poland in precisely the same way that was introduced by specified rules on "talk of hatred" in countries specified as Ireland, Scotland, England, Spain. He besides introduces in Poland additional grounds for criminality for public insulting people on the basis of features specified as ‘sexual identity’. This is where he punishes even for thinking," noted president Ordo Iuris and gave an example of a female detained in Britain for praying in her head before the abortion clinic.
Jerzy Kwasniewski besides talked about the plans that are being made in the European Union, and they concern the preventive blocking of content that can be regarded as “a hatred speech”.
– The European Citizens' Panel proposes to introduce artificial intelligence mechanisms that will detect – at the minute erstwhile individual types something on the computer's keyboard to put it on social media, for example – that it is already a “talk of hate” before it can print this content. Artificial intelligence would besides immediately study on individual who committed the act," the lawyer stressed.
Michał Jaszewski besides spoke about the trials of journalists, to whom the Association provides legal assistance. He pointed out that respective twelve specified processes are taking place within a year. They were initiated against, among others, Rafał Ziemkiewicz or Anita Gargas.
Adw. Kwaśniewski besides stressed that the preparation of the bill in the Ministry of Justice is the implementation of the demands of extremist leftist communities. He pointed out that the implementation of these rules could open the way for another ideological regulations to be introduced, e.g. allowing people of the same sex to enter into alleged partnerships.
The participants pointed to the request to argue Adam Bodnar's plans. Michał Jaszewski pointed out the importance of shaping the right attitudes, especially among young people.
– What is truly essential is counter-revolution, organic work from scratch. Young generation can't think logically, they live in a planet of emotion. Healthy reasoning should be promoted, and so return to tradition in all area, including in the sphere of religion," the lawyer pointed out.
Adw. Dorosinski pointed out that the authors of the bill themselves must see "the opposition to specified an effort to gagged the public".
At the beginning, Rafał Dorosinski explained why he called the concept of alleged hatred speech "a Trojan horse". He pointed out that this concept is promoted to mislead people. He stressed that “there is simply a wide cultural activity behind it, an axiological coup”.
Michał Jaszewski, in turn, stated that the book by Mr Dorosiński was “heavy works”. It points to a number of dangers that arise from the penalisation of alleged hatred speech and how this concept is utilized in cultural warfare. He besides stressed that the Soviets were the top advocates of the fight against the “talk of hatred” after planet War II.
Adw. Dorosinski besides pointed out that people who argue the fight against “talk of hatred” are not supporters of hatred or contempt towards another people. In fact, specified actions aim to prevent the formulation of assessments critical to certain social groups, or censorship. Today's fight against alleged hatred speech is simply a consequence of promoting left-wing concepts specified as "critical race theory" or "repressive tolerance".
Maria Kądzielska-Koper agreed that the word “talk of hatred” is part of the cultural struggle. She besides gave examples of specified activities from Britain as she erstwhile lived in. She told about the trials that were carried out, among others, by a 17-year-old girl who made the song available on Instagram with the word "nigger" or by a pastor who spoke critically about the demands of the LGBT movement.
Dr. Hajdas referred to the legal regulations which the Polish government announced. They were to apply from June 2024, but are inactive under development. The proposed regulations are to amend Articles 199, 256 and 257 of the Criminal Code. They senile the usage of threats and violence, incitement to hatred and public insults due, among others, to race, nationality and religion. These provisions are to be accompanied by ‘disability, age, gender, sexual orientation or sex identity’. The manager of the Press Freedom Monitoring Centre stressed that this case was made public by the Ordo Iuris Institute.
Adw. Jerzy Kwaśniewski, on the another hand, noted that in the case of the implementation of these regulations, “all of us are in danger of imprisonment”.
"The task that was prepared at the Ministry of Justice is simply a task that is implemented in Poland in precisely the same way that was introduced by specified rules on "talk of hatred" in countries specified as Ireland, Scotland, England, Spain. He besides introduces in Poland additional grounds for criminality for public insulting people on the basis of features specified as ‘sexual identity’. This is where he punishes even for thinking," noted president Ordo Iuris and gave an example of a female detained in Britain for praying in her head before the abortion clinic.
Jerzy Kwasniewski besides talked about the plans that are being made in the European Union, and they concern the preventive blocking of content that can be regarded as “a hatred speech”.
– The European Citizens' Panel proposes to introduce artificial intelligence mechanisms that will detect – at the minute erstwhile individual types something on the computer's keyboard to put it on social media, for example – that it is already a “talk of hate” before it can print this content. Artificial intelligence would besides immediately study on individual who committed the act," the lawyer stressed.
Michał Jaszewski besides spoke about the trials of journalists, to whom the Association provides legal assistance. He pointed out that respective twelve specified processes are taking place within a year. They were initiated against, among others, Rafał Ziemkiewicz or Anita Gargas.
Adw. Kwaśniewski besides stressed that the preparation of the bill in the Ministry of Justice is the implementation of the demands of extremist leftist communities. He pointed out that the implementation of these rules could open the way for another ideological regulations to be introduced, e.g. allowing people of the same sex to enter into alleged partnerships.
The participants pointed to the request to argue Adam Bodnar's plans. Michał Jaszewski pointed out the importance of shaping the right attitudes, especially among young people.
– What is truly essential is counter-revolution, organic work from scratch. Young generation can't think logically, they live in a planet of emotion. Healthy reasoning should be promoted, and so return to tradition in all area, including in the sphere of religion," the lawyer pointed out.
Adw. Dorosinski pointed out that the authors of the bill themselves must see "the opposition to specified an effort to gagged the public".
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