Database of Legislation

359. PUBLIC INCITEMENT OF HATRED

(1) Every one who, by communicating statements in any public
place, incites hatred against any identifiable group where such
incitement is likely to lead to a breach of the peace commits an
indictable offence and is liable to imprisonment for 15 years.

(2) Every one who, by communicating statements other than in
private conversation, wilfully promotes hatred against any
identifiable group commits an indictable offence and is liable to
imprisonment for 10 years.

(3) No person shall be convicted of an offence under subsection
(2)—
(a) if he or she establishes that the statements communicated
were true;
(b) if, in good faith, he or she expressed or attempted to
establish by argument an opinion on a religious subject;
(c) if the statements were relevant to any subject of public
interest, the discussion of which was for the public
benefit, and if on reasonable grounds he or she believed
them to be true; or
(d) if, in good faith, he or she intended to point out, for the
purpose of removal, matters producing or tending to
produce feelings of hatred toward an identifiable group in
Saint Lucia.

(4) Where a person is convicted of an offence under section 358 or
subsection (1) or (2) of this section, anything by means of or in
relation to which the offence was committed, on such
conviction, may, in addition to any other punishment imposed,
be ordered by the Court to be forfeited to the State for disposal
as the Court may direct.

(5) No proceeding for an offence under subsection (2) shall be
instituted without the consent of the Attorney General.

(6) In this section—
“communicating” includes communicating by telephone,
broadcasting or other audible or visible means;
“identifiable group” has the same meaning as in section 358;         “public place” includes any place to which the public has
access as of right or by invitation, express or implied;
“statements” includes words spoken or written or recorded
electronically or electromagnetically or otherwise, and
gestures, signs or other visible representations.