Trudeau’s censorship crackdown could get a lot worse
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Summary
Bill C-63 is a bill that, among other things, will introduce a new category of hate speech and crack down on anyone who dares to utter it online, which effectively means the government is going to be the arbiter of what you can and can't say. And as we ve seen, they are wildly inconsistent in when and how they flex this power.
Transcript
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I want to bring things back home a bit more though, not that what we were talking about
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doesn't have a very significant Canadian context, but you've heard me for weeks now talking about
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Bill C-63, which is the Liberal government's so-called Online Harms Act, a bill that among
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other things will introduce a new category of so-called hate speech and crack down on anyone
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who dares to utter it online, which effectively means the government is going to be the arbiter
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of what you can and can't say. And as we've seen, they are wildly inconsistent in when and how
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they flex this power. Now, I've often said that to understand how bad things are here, we need to
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take a look around the world and see where things are worse. And the UK has been one of the worst
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examples of this. You have police knocking on people's doors. If they misgender someone on
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Twitter, they have this pervasive non-crime hate incident reporting system where you can
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do nothing illegal, but you still have a police record because you've perpetrated a non-crime
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hate incident. And I thought things were pretty bad in the UK, but I believe Ireland has come
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out with the Trump card. I'm not sure if you followed this or not, but Ireland has a new
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law purporting to rein in hate speech online. You have a couple of politicians that say Ireland's
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approach should actually be a model for all of Europe. And if that happens, I actually don't
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think it's going to be all that long before we see that brought to Canada. So I wanted to actually
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delve into what's happening in Ireland in a little bit of detail here, because this bill is called
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the incitement to violence or hatred and hate offenses bill. And it is one of the most Orwellian
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and draconian attempts at this so-called hate speech discussion I've ever seen. Ben Scallon has
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been on top of this. He is a senior or the senior political correspondent at GRIPT, which is a fantastic
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independent media organization in Ireland. And he joins me now. Ben, it's good to talk to you. Thanks
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for coming on today. Very good to talk to you today, Andrew. How are things? Good. Very well,
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thank you. Although in both of our countries, not exactly great on the free speech front. So
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for Canadians who have not paid attention to this at all, what's like the basic primer on what this
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bill is and why it's been raising so many alarms? So in essence, if I had to describe why the Irish
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hate speech bill is so controversial is it's the incredible vagueness of the text of the legislation
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to the point where the very serious crime of, you know, convicting somebody of a hate offense can be
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defined as almost anything. So I'll give you an example. For example, the text doesn't refer to hatred
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with any kind of specific definition. It says that hatred means hatred on the basis of X, Y, and Z
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characteristics, which is obviously a circular definition. So how is that to be defined? I guess
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it's up to the courts or the police or whoever happens to be offended by your remarks at the time.
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So people have been saying this is so open ended, it could potentially catch anyone and everyone in
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its dragnet if we're making a very benign statement. Another example would be the fact that
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according to the legislation, it's seeking to protect genders other than that of male or
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female. But it doesn't enumerate what those are. And when I asked our Taoiseach, which is like the
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Irish Prime Minister, how many genders are there in your view? Because previously, the leader of our
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Senate said that there were about nine genders. So that could be about nine. They don't even have the
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definitive list. Exactly. It's a ballpark figure, you know, thereabouts. And so I asked how many genders
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are there and what is covered by this legislation. And he said, well, we don't have an official position on
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that. And I'm sure that'll all be figured out during the debates. And they haven't been still
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that was months ago. So that should kind of give you just a sense of why people are so concerned
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about this kind of thing. They're trying to protect genders they can't even define against hatred that
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they can't define. And it seems like the entire implementation of this legislation would just be
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totally up in the air. And how do you stay on the right side of a law that is so vague and nebulous?
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That's effectively the main concern that people have with it. There are a lot of people that are
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not familiar with the evolution of Irish politics over the last, I don't know, half a century that are
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probably perplexed by Ireland's descent into wokeness when this used to be this, you know, traditional
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Catholic society and country. I mean, where did things all go so wrong? Because I mean, even like you
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look at refugee policy in Ireland, for example, and this has been a very, very strange decline in a lovely country.
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I think there's a few factors going on. I mean, of course, as you say, Ireland has always been a
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very historically deeply Catholic conservative country. There's the kind of old trope of Catholic
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families with, you know, 50 kids running around and an icon of the Virgin Mary on the wall. And
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that's sort of the image that most people have had of Ireland for most of this country's existence.
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But I think obviously things like the abuse scandals in the Catholic Church did enormous damage and hurt
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trust with a lot of people. And so that hurt religiosity and mass attendance. And so I think
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in our haste to escape the church and to try and bury that part of our past because of all the scandals and
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controversies that came out of that, I think people have overcompensated and gone too much the other
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way. I think also NGOs have played a big role in the liberalization of society. I don't know how
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many people know this, but Ireland is a country of only about five million people, the Republic of
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Ireland anyway. And yet we have about 30,000 different NGO organizations, not even employees, but
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different groups. And these groups are heavily state funded, most of them. In fact, some of them,
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they receive 96% of their funding from the government. So it's a strange kind of non-governmental
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organization that's almost entirely reliant on state funding, but there you go. So these groups are
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there mainly to promote LGBT rights or immigrant rights or women's rights or whatever it might be.
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But in many cases, that leads to problems because if you're an organization that's set up to fight
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the boogeyman of racism, let's say, for example, the problem is Ireland isn't that racist of a country.
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We're actually a very tolerant country. And so you're out of the job in this, in the same way,
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if you don't have leaky pipes, then you don't need a plumber. If you don't have a racist society,
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then you don't need professional anti-racist campaigners. And so these groups have had to
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try and manufacture the idea that Ireland is this horrendous place where women are treated as
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second-class citizens and gay people are seriously oppressed and everyone's a racist when that's not
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the case, but they have to do that in order to perpetuate their existence. And so we have this
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kind of multi-billion euro NGO board conglomerate that exercises a lot of power over our discourse
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and our politics. And I think that also has played a big role in the liberalization of this country.
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Well, and to bring it back to the hate speech bill, those groups you just mentioned are the ones
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that have skin in the game under these sorts of regimes, because they're the ones that typically
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will systematize and weaponize these complaints processes where you're going to have one of these
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NGOs just trolling Twitter for hours and hours every day finding, oh, this person misgendered someone.
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And from what I've read, that could actually be a violation of this law.
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Well, the justice minister has said that it won't. I asked her, can she guarantee that nobody will be
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convicted for misgendering? And she says, oh, absolutely. That'll never happen. That's not
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what the bill is intending to do. Whether she's correct or not, whether people believe her is
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up to them. I won't, I won't weigh in on that. That's what she's claimed. We've seen how these
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laws have been implemented in other jurisdictions, but she would probably say, oh, those are different
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pieces of legislation and we're going to do it properly and yada, yada.
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But the defense is basically just trust us. You just have to trust that the government won't abuse
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this power. Effectively. Yeah. And, and I think as well, um, you know, one of the interesting things
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about it, you said that it's in these NGOs interest to try and promote this. The government did a public
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consultation. I think in North America, you guys might call it a comment period where this was
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several years ago. They floated the idea of hate speech laws and they said, hey, you know, Joe public,
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we want to know what you think, weigh in with your thoughts. And they received thousands of responses
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from individuals and from groups. And then very shortly afterwards, they came out and they said,
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you know, we we've received the feedback and now we're going to be going ahead with this legislation.
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Well, I actually, in a journalistic capacity, read through every single one of the responses,
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thousands of them. It took me hours and hours to do. And at the end of this research, I found that
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73% of individuals had said that they didn't want it. It was, they were negative responses saying,
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don't do this. Uh, the, the overwhelming consensus was mostly, of course, if somebody is engaging in
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violent rhetoric where they're calling for the public to attack an individual or a group
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or race or something like that, of course, that should be illegal. And that already is illegal.
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You know, in Simon, the violence has never been covered under free speech. That's clearly not
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what we mean when we say free speech. And so that's already done. But other than that,
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if somebody is just merely expressing an offensive opinion that hurts somebody's feelings,
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tough luck, we all get offended. Sometimes that's not something that the government should be
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legislating in. That was the general sentiment of the responses. And yes, the government went ahead
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with it anyway, despite the fact that one of the groups they cited, they said, oh, we got some
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positive responses. It was from these state funded NGOs. So effectively, the people that you pay,
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that's like me saying, I'm the most handsome man in Ireland, because that's what my granny says,
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you know, it's not really the most persuasive of sources you're using there, that you're appealing to
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people who you pay their salaries and fund them and keep them in existence. And lo and behold,
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they just so happen to agree with you and your policy agenda. Amazing how that works.
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I mentioned in the intro, Sinead Gibney, who I think is the she's running as the MEP, I think it's
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the Social Democrats. And she is saying that she wants to basically export this to all of Europe.
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And I think it would probably be an easy sell to do that.
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Sinead Gibney, Ph.D.: Yeah, I think I think that's she said when I was interviewing her earlier
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in the week that she would be willing to support any legislation similar to the hate speech bill at
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a European wide level. And we already have something like that the Digital Services Act,
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Sinead Gibney, Ph.D.: Well, and that was the model of what Canadian government
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officials were kind of using, which when I heard them say they were going to look to Europe for best
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Sinead Gibney, Ph.D.: Yeah, that's that's not what you want to hear. Definitely with
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the current state of European politics, where the amount of people who are willing to argue against
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some of these policies on principle are few and far between. That's a big thing that I think is
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missing from this debate as well, is that even some of the politicians who will speak out against
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the legislation will speak out against its practicalities. They'll say that, you know,
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it'll be very hard to implement. And logistically, I don't think it'll work. So on that basis,
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I'm opposing it. And I'm thinking how about it's bad because it's wrong to censor people in general.
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You know, maybe maybe we should start talking about even if you can get the wording exactly right and
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hammer out this beautiful piece of legislation that covered all your bases. Maybe maybe we still
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shouldn't do it even under those circumstances, because it's actually wrong to put people in jail for
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their opinions, even when their opinions are not views that you or I would necessarily find palatable.
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But that doesn't seem to come up during any of this discussion.
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So obviously, Irish people, as you mentioned, were against this when it was floated to them,
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but I haven't seen mass outrage in the more recent months. There have been there were some protests,
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but have people just generally gone along with it? Or do they just not care enough? Why has there not
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been or has there been maybe I'm wrong? Why has there not been a major pushback to this?
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There has been a major pushback. And the reason we know that is because several government politicians,
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some of them who are veterans who have been around for years have said in our Senate, basically that
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they've received more correspondence about the hate speech bill than any other issue or piece of
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legislation in their political career. So it's obviously something that people are really
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incensed and energized about. And it hasn't been mentioned so much in the last couple of months,
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only because it's being supplanted by other controversies like immigration. We have a huge
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immigration crisis at the minute in this country and a massive influx of asylum seekers. We have 10
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cities popping up in the capital city because there's nowhere to put some of these individuals
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who are arriving and there's more arriving every day. We had a couple of progressive referendums there a
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couple of weeks ago, which were defeated. The government side of that debate was defeated
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comprehensively. So there's been other chaotic things happening that may have taken the attention
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away from the hate speech bill, but the government have not pursued it, which I think is sort of an
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indication that they know they're losing momentum on it. They meant to pass it last summer. They didn't
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do that. Then they said, oh, we'll pass it after the summer. They didn't do that. And then they said,
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oh, we'll pass it by the end of the year. And we're now in March and still no sign of it. So
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they keep kicking the can down the road, hoping the pressure will alleviate. But I think if they
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tried to sneak it through, people might have something to say about that, especially with
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upcoming elections later in the year. Well, let's hope they will keep
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kicking and kicking and kicking and eventually it'll just be lost forever. Ben Scallon with
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Gript. Great to have you on and demystifying this for those of us across the Atlantic. Thank you so much.
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Thank you so much. Great to be here. Thanks for listening to The Andrew Lawton Show.
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