Then, of course, there is the question of where hate-speech ends and legitimate commentary starts. It is generally easy to recognise the vilest abuse that is intended only to inflame and not to argue, just as it is easy to recognise pure pornography (I use the word ‘pure’ in its chemical, not its moral sense, of course). But often matters are much more complex than this.
For example, I recently saw the following statistic in a serious article on the internet: that Nigerian immigrants to Switzerland are seven times as likely to be convicted for a crime as Swiss citizens. Surely no one who wrote such a thing could think that it was calculated to create warm feelings in the hearts of the Swiss towards Nigerian immigrants, except those very few of Fabian mentality, who see in serial killers a cry for help (from the killers, of course, not from their victims).
The statistic – let us assume – is true. But then let us ask whether it has been corrected for the different sex and age structures of the two populations, that of the Nigerian immigrants and that of the Swiss population.
If it has not (and the article does not say), it is easily conceivable that a better, or at least different, statistic would be that Nigerian immigrants are only twice or three times as likely to be convicted for a crime as Swiss citizens. And if this were in fact the case, would the man who published the article be guilty of hate-speech, or merely of intellectual error? Is the test of hate-speech to be whether something does in fact bring a group into hatred, ridicule and contempt, or whether it is intended to do so?
It is easy to multiply examples. In this country, young Moslem men far out-fill their quota in prison, while young Hindu and Sikh far underperform where criminal conviction is concerned. Is this an interesting and important sociological fact, or an incitement to hatred, ridicule and contempt, or perhaps both?
A further problem is that of judging how sensitive people actually are or should be to perceived slights and insults. Just as the expression of hatred can be self-reinforcing, so can the sensitivity to slight and injury. The more you are protected from it, the more of it you perceive, until you end up being a psychological egg-shell. The demand for protection becomes self-reinforcing, until a state is reached in which nobody says what he means, and everybody infers what is not meant. Temperatures, or tempers, are raised, not lowered. The disgracefully pusillanimous (and incompetent) Macpherson report into the killing of Stephen Lawrence demonstrated the risks we run: it suggested that a racial incident should be defined as an incident which any witness to it believed to be racial, without there being any need for objective evidence that it was. Where a British judge can be so pusillanimously unattached to the rule of law, we can be sure that one day hate-speech will be defined as any speech that anyone finds hateful.
Theodore Dalrymple, “Hating the Truth”, Salisbury Review, 2011-06.
