Racist Speech and Literature

In this chapter I will examine issues of both racist speech and literature. In order to conduct this examination, I have produced two evidence assessment sheets. The first is of what can loosely be determined as a collection of racist materials, consisting of 'jokes' given to an audience, racist material sent via a Book Club and other materials that are anti-Semitic. The second assessment sheet relates to material distributed in the London Borough ofHounslow by political parties. From these evidence assessments, I will consider the examples, relating and applying them to the appropriate sections of the Public Order Act 1986, along with the Malicious Communications Act 1988 and The Post Office Act 1953. In examining racist material, using the evidence assessment sheets, I will not give consideration to the Protection from Harassment Act 1997, since to establish an offence under the legislation it is necessary to prove that the conduct, which amounts to harassment, has occurred on at least two separate occasions. The racist material referred to in this chapter may well have been part of a sustained campaign of harassment, but without such evidence it is inappropriate to make such assumptions. However, towards the end of this chapter, I will examine the potential for using the Protection from Harassment Act 1997 as a means of tackling racist speech and conduct that may amount to harassment.