In 2022, a new Bill on Incitement to Violence or Hatred and Hate Offences was proposed following a review of the Prohibition of Incitement to Hatred Act (1989). The text was approved by the Government on 25th October 2022 and published on 1st November 2022. The legislation was anticipated to be enacted by the end of 2023.  It is currently before Dáil Eireann, the Seanad third stage, also known as the committee stage. If enacted, the Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by hatred of a protected characteristic. These will carry an enhanced penalty and the criminal record will clearly state that the offence was a hate crime.

The new legislation also intends to criminalize any intentional or reckless communication or behaviour that is likely to incite violence or hatred against a person or persons because they are associated with a protected characteristic. The penalty for this offence will be up to five years' imprisonment.

Existing excerpts related to Hate speech offences

Prohibition of Incitement to Hatred Act of Ireland (1989)

Incitement to hatred / Dissemination of racist ideas

Prohibition of Incitement to Hatred Act 1989 (under review); prohibits the use of words, behaviour or the publication or distribution of material which is threatening, abusive or insulting and intended, or likely, to stir up hatred. Under the Act the following deeds aiming to stir up hatred are punishable: publishing or distributing written material; using words or behaviour or displaying written material; distributing, showing or playing a recording of visual images or sounds; broadcasting an item; preparing or possessing written material or recordings of visual images or sounds.

A person found guilty of an offence under the Act is liable to a fine or 6 months imprisonment or both, and on conviction on indictment a fine or imprisonment for up to 2 years.

Section 1 (1) – Interpretation – “hatred” means hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins membership of the travelling community or sexual orientation.

Section 2 (1) – It shall be an offence for a person –
(a) to publish or distribute written material,
(b) to use words, behave or display written material-
(i) in any place other than inside a private residence, or
(ii) inside a private residence so that the words, behaviour or material are heard of seen by persons outside the residence or
(c) to distribute, show or play a recording of visual images or sounds, if the written material, words, behaviour, visual images or sounds, as the case may be, are threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred.