The Labour Party is currently consulting on a new, draft definition of anti-Muslim hatred, opting for the term 'anti-Muslim hostility' over 'Islamophobia'. The proposed wording, circulated by ministers, comes from a working group and aims to guide public bodies on unacceptable treatment of Muslims.
Free Speech Concerns at the Forefront
Free speech campaigners have long argued that the term 'Islamophobia' risks criminalising criticism of Islamic doctrine. Lord Young of Acton, head of the Free Speech Union, warns that even the revised definition could infringe on fundamental liberties.
'The danger of any definition, however carefully drawn, is that it will make people think twice before referring to Muslims doing anything wrong, prioritising them above all other faiths,' he stated. He believes the definition, while not legally binding, could operate similarly to Non-Crime Hate Incidents (NCHIs), leading police to investigate reports that are not criminal offences.
Lord Young expressed specific concern that it could deter commentary on objective facts, such as findings from reports like Baroness Casey's on grooming gangs, which noted a disproportionate representation of Pakistani men.
The Proposed Definition and Its Defenders
The draft definition describes anti-Muslim hostility as engaging in or encouraging criminal acts like violence, vandalism, harassment, and intimidation directed at Muslims or those perceived as Muslims. It also includes prejudicial stereotyping and racialisation of Muslims as a group, and prohibited discrimination intended to disadvantage them in public and economic life.
Former Tory Attorney General Dominic Grieve, who chairs the working group, insists the definition is designed to protect free speech. 'The review done by the working group is within a framework that makes it clear that no definition of anti-Muslim hatred should have an adverse impact on freedom of expression under law including the right to criticise Islam and its practices,' he told the BBC.
Legal Context and a Recent Landmark Case
The debate over criticising Islam intensified following the case of Hamit Coskun. In February, the 51-year-old was initially convicted of a religiously aggravated public order offence after shouting 'f*** Islam' while burning a Koran outside the Turkish consulate in London.
His conviction was overturned at Southwark Crown Court in September, with Mr Justice Bennathan ruling that freedom of expression 'must include the right to express views that offend, shock or disturb'. However, the Crown Prosecution Service is now appealing that decision, arguing his actions amounted to disorderly behaviour demonstrating hostility towards a religious group.
A government spokesperson said: 'With all hate crime on the rise and anti-Muslim hate incidents at a record high, we are tackling hatred and extremism wherever it may occur. We will always defend freedom of speech, this remains at the front of our minds as we carefully consider the recommendations.'
