This Act was submitted by the Rt Hon Derek B Cloyd MP as a Private Member's Bill.

ELIZABETH II

Public Order Act 2019

2019 CHAPTER 25

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Hatred against persons on grounds of gender identity

1. Part 3A of the Public Order Act of 1986 shall be amended to include “Hatred against persons on grounds of gender identity”.
2. In this Part “hatred against persons on grounds of gender identity” means hatred against a group of persons or single individual on reference to their gender identity (whether towards persons of gender uniform to their assigned sex at birth, or gender differing from it.)
3. Section 29B(1) shall be amended to read:

   A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if they intend thereby to stir up religious hatred, hatred on the grounds of sexual orientation, and hatred against persons on the grounds of gender identity.

4. Section 29C(1) shall be amended to read:

   A person who publishes or distributes written material which is threatening is guilty of an offence if they intend thereby to stir up religious hatred, hatred on the grounds of sexual orientation, and hatred against persons on grounds of gender identity.

5. Sections 29D(1) shall be amended to read:

   If a public performance of a play is given which involves the use of threatening words or behaviour, any person who presents or directs the performance is guilty of an offence if they intend thereby to stir up religious hatred, hatred on the grounds of sexual orientation, or hatred on the grounds of gender identity.

6. Sections 29E(1) shall be amended to read:

   A person who distributes, or shows or plays, a recording of visual images or sounds which are threatening is guilty of an offence if they intend thereby to stir up religious hatred, hatred on the grounds of sexual orientation, and hatred on the grounds of gender identity.

7. Sections 29F(1) shall be amended to read:

   If a programme involving threatening visual images or sounds is included in a programme service, each of the persons mentioned in subsection (2) is guilty of an offence if they intend thereby to stir up religious hatred, hatred on the grounds of sexual orientation, or hatred on the grounds of gender identity.

8. Sections 29G(1) shall be amended to read:

   1. A person who has in their possession written material which is threatening, or a recording of visual images or sounds which are threatening, with a view to—
      1. in the case of written material, its being displayed, published, distributed, or included in a programme service whether by himself or another, or
      2. in the case of a recording, its being distributed, shown, played, or included in a programme service, whether by himself or another,
      is guilty of an offence if they intends thereby to stir up religious hatred, hatred on the grounds of sexual orientation, and hatred on the grounds of gender identity.

9. After Section 29JA, insert new Section 29JB titled “Protection of freedom of expression (gender identity)”:

   Nothing in this part shall be read or give effect in any way which prohibits or restricts the discussion, criticisms, or expressions of antipathy, dislike, ridicule, insult or abuse towards persons of gender identity, whether it be different from their assigned sex at birth or uniform with it, or urging persons of identification different from sex assigned from birth to transition back to the gender of their sex assigned at birth, or vice versa.

2 Short title, commencement, and extent

1. This Act may be cited as the Public Order Act 2019.
2. This Act comes into force immediately upon passage.
3. This Act extends to England and Wales only.