Government Nears Finalization of Anti-Muslim Hatred Definition

The government is in the process of refining a proposed definition of anti-Muslim hatred, notably excluding the term “Islamophobia.” This draft has been prepared by the Islamophobia/Anti-Muslim Hatred working group, which has presented its wording for consultation with various stakeholders.

Advocates for free speech have raised alarms that incorporating protections for “Islamophobia” might hinder the ability to critique the religion itself. Meanwhile, members of the working group contend that their definition safeguards individuals while steering clear of excessive interference.

Established in February, this working group was tasked with crafting a working definition of anti-Muslim hatred/Islamophobia. Their proposal was submitted to the government in October and is intended to be non-statutory, meaning it won’t be legally binding, yet it aims to provide a framework that public entities can adopt.

This definition serves as a guideline for the government and related bodies, assisting them in recognizing and quantifying prejudice and hate crimes directed at Muslims. The draft reads: “Anti-Muslim hostility involves engaging in or promoting criminal acts, including violence, property vandalism, and harassment—whether physical, verbal, written, or digital—targeted at Muslims or individuals perceived as Muslims due to their religion, ethnicity, or appearance.”

Furthermore, it addresses the harmful stereotyping and racialization of Muslims as a collective, inciting hatred against them, regardless of their individual beliefs or actions. It also covers discriminatory practices that disadvantage Muslims in public and economic domains.

Recently, the working group convened to discuss revisions proposed by the Ministry of Housing, Communities and Local Government. Reports suggest that one contentious point is the inclusion of the term “racialization” within the definition.

Baroness Gohir, a member of the group, asserted that their submission maintains an appropriate balance by protecting individuals while avoiding excessive reach. She emphasized that Muslims are often targeted not only for their beliefs but also for their appearance, race, and other characteristics, with the inclusion of racialization affirming these lived experiences.

However, the Free Speech Union expresses worry that any definition of anti-Muslim hatred could encroach upon free speech rights, potentially introducing a de facto blasphemy law. Lord Toby Young, director of the campaign group, argued that the definition is unnecessary, as existing laws already criminalize inciting religious hatred and prohibit discrimination based on religion.

He cautioned that granting Muslims additional protections, not available to other faiths, might inadvertently escalate anti-Muslim sentiment rather than diminish it. On the other hand, former Attorney General Dominic Grieve, who chairs the working group, firmly believes that the wording will not infringe upon free speech rights.

Grieve stated, “The review conducted by the working group operates within a framework that ensures no definition of anti-Muslim hatred will negatively impact freedom of expression, including the right to critique Islam and its practices. The group has consistently kept this principle in mind while advising the government.”

A representative from the Ministry of Housing, Communities and Local Government declined to comment on leaked documents but noted the rise in hate crimes, particularly anti-Muslim incidents, which have hit record levels.

According to Home Office statistics, there was a 19% increase in religious hate crimes against Muslims last year, with notable spikes following the Southport murders and related riots during the summer.

The Labour Party had previously committed to establishing a fresh definition of Islamophobia after the last Conservative administration dismissed a cross-party initiative in 2019. The All-Party Parliamentary Group on British Muslims had characterized Islamophobia as “rooted in racism” and as a form of racism targeting expressions of Muslim identity.

Critics claimed this earlier definition was overly vague, potentially stifling free speech. The new draft definition currently under consideration presents a significant departure from the previous proposal adopted by the Labour Party when it was in opposition in 2019.