Poland’s opposition Conservatives (PiS) have failed in their attempt in parliament to reject at first reading a bill proposed by the government aiming to widen protection against “hate speech” to cover gender, disability and sexual orientation.
The legislation, debated in parliament on December 20, was designed to amend Poland’s penal code so that gender, disability and sexual orientation were added to groups such as ethnic minorities, race and religion in being protected against hate speech.
Penalties for breaches of the legislation would carry a maximum sentence of two years imprisonment for the perpetrator.
The PiS and the Confederation opposition parties to the centre-left government led by Prime Minister Donald Tusk tried to reject the bill at first reading in parliament but failed as the ruling majority united in defence of the measure.
The opposition and some civil society organisations such as the Conservative legal think-tank Ordo Iuris have argued that the measure would introduce censorship and limit freedom of speech.
According to the head of Ordo Iuris Jerzy Kwaśniewski:”The bill primarily poses a huge threat to the constitutionally guaranteed freedom of speech, which is to be sacrificed in the name of the interests of the LGBT lobby.”
The think-tank argued in its literature opposing the bill that similar measures to the legislation proposed in Poland were introduced in Germany and Britain. It said that led to police action against social media users and legal action against clergy for sermons promoting Christian sexual ethics in those countries.
The bill is part of the ruling coalition’s programme for government and is being promoted at the request of the LGBTI+ lobby. That group has for years demanded that combating hate speech motivated by homophobia and transphobia should be included in legislation.
The minister of justice Adam Bodnar, speaking after a government session in November,, was asked by reporters if the new law could lead to prison sentences for football fans displaying anti-migration banners or mocking the LGBT community. Bodnar said that outcome would be likely.
Ordo Iuris and Poland’s opposition fear the legislation could restrict criticism of the LGBT movement, gender ideology and “open-door” migration policies as well as restricting the right to preach the Christian faith.
There has been concern among parents organisations that any opposition by them to LGBT groups providing lessons to their children could be construed as hate speech. That, they argued, would be a restriction of their rights enshrined in the Polish Constitution to bring up their children in accordance with their beliefs and values.
Ordo Iuris warned that if the law was passed, people working in the justice system and education such as teachers, police officers, prosecutors, judges and attorneys would be required to participate in training in which they could be encouraged to see all criticism of “social progress” as “hate speech”.
For example, it said: “Criticism of allowing men with gender identity disorders to compete in sports with women or to use women’s toilets may be considered ‘hate speech’ on the basis of ‘gender’.”
If the legislation was passed it would be unlikely to receive the PiS aligned President Andrzej Duda’s approval, as is required. He went on record earlier this year to state he was opposed to extending the scope of legislation on hate crimes.
If Duda used his power of veto regarding the proposed law-change, it would probably not be overturned as the ruling Tusk majority would need a super majority in parliament to do so.
