(Seychelles News Agency) - The Seychelles National Assembly on Wednesday approved an amendment to the Penal Code that addresses hate-motivated offences by introducing the element of hate as an aggravating factor to any underlying offences.

Eighteen members of the National Assembly voted for and eight voted against the amendment to the Penal Code presented by Vice President, Ahmed Afif.

"Hate is a very strong feeling that we have for a person, a group of persons, or even a concept, which normally makes one want to harm another person," said Afif, who added that hate "can be manifested in various ways either individually, in groups or even institutionally through laws that discriminate against certain groups of people".

He added, "We are bringing in the element of hate speech as we have observed an increase of people being targeted due to the protected characteristics."

The Vice President said, "The amendment will protect vulnerable groups in society from acts of discrimination, violence and intimidation."

The gazetted Amendment Bill states that "the inclusion of hate as an aggravating factor aims to enhance the severity of penalties when committed due to bias or prejudice, based on the protected characteristics such as race, religious belief, disability, sexual orientation, gender identity, sex characteristics, political affiliation and HIV/AIDS status."

Afif said, "We want to introduce hate crime to prevent people being harmed in any way, especially if it causes physical damage due to the accused hating the victim for their specific characteristics."

He explained that the authorities want to send a clear message to society that "we cannot target an individual for things that they were born with, life events that have affected them or that they have chosen to live their lives differently from what we consider as the norm."

The courts will now be able to punish an accused further if it is proven that the offence committed against a victim was done due to their protected characteristics.

However, the prosecution will have to provide sufficient evidence to prove that there was hate in the offence.

An example provided to the National Assembly was that if a fight breaks out between two people and during the incident, one of the individuals uses what is deemed as hate speech, despite the fight breaking out for another reason the assault will be deemed a hate crime.

The inclusion of hate speech as an offence within the Penal Code (Cap. 158) provides for the intention to incite hatred towards a person or group of persons based on their protected characteristics, through various forms of communication or behaviour, if the expression is perceived to be threatening, abusive or insulting.

Similar laws already exist in the Penal Code namely, Seditious Offences under sections 54 and 55 as well as Incitement to cause violence under Section 89 (a).

Afif said, "Any communication or propaganda made in writing, in speeches or other forms in public or electronic media, published and distributed materials or even through behaviour is considered as an incitement."

The accused intentions and the impact of the actions as well as the society's norms will be taken into consideration.

There will be exceptions to the offence, such as an individual will not be charged through performances of artistic expressions made in good faith, and not aimed at inciting any harm.

Other exceptions include an academic investigation, reports, commentaries, public notice announcements and the use of such materials in criminal investigations.

Under the proposed amendment, if found guilty of hate crimes as a first offence, the offender will be fined up to SCR50,000 ($3,600), a prison term of not more than two years or both. Should they recommit the crime, they will be fined not more than SCR125,000 ($8,600), a prison term of not more than three years, or both.

Afif reassured the public that the new amendments would not violate their rights.

Association for Rights, Information and Democracy (ARID) - categorically against the law 

ARID issued a statement on September 18 that it opposed the change to the Penal Code "as it is a direct infringement on freedom of expression."

"Any move to restrict such right goes against the core principles of democracy," said ARID. 

ARID is against any form of speech that directly attacks the character of an individual, we believe that citizens must NOT use the right to free speech to cause provocation, to use insulting and demeaning remarks or promote discrimination, hostility and violence against another. Politicians must NOT use their power to institute regulations or amendments to protect themselves, a political figure must be prepared to be ostracised or disliked, they cannot expect the same privacy like an ordinary citizen. [...] We do not have a history of conflicts between communities do not have issues of ethnicity, religion, other social disputes, so why do we need law against hate speech?," said ARID.

The non-governmental organisation questioned what guarantee that the government, current or future, will not use such amendments to the law to curtail freedom of speech and asserted that citizens must be able to question the decisions of politicians, they should have a 'thick skin' to accept criticism no matter how 'blunt' or explicit it may be, as "free speech allows for people to exposure the incompetence and malfeasance of government officials or question the decisions of those in power," provided it is not inciting anyone to commit violent or unlawful acts.