Request
A
Is the expression "anti-Semitic" defined officially in Jersey and if so what is it?
B
Is this expression policed by any States or Parish organisations or departments and if so under what powers, laws or regulations?
C
If it is policed, have any actions or prosecutions arisen against any individuals, groups or organisation for anti-Semitic behaviour, speech or publication?
Response
A
There is no legal definition of "anti-Semitic" in Jersey law. The government will consult on whether to adopt International Holocaust Remembrance Alliance’s working definition of anti-Semitism alongside the consultation on legislation to address hate crime later in 2018.
B
As it is not defined, a definition of anti-Semitism it is not specifically ‘policed’. However the Discrimination (Jersey) Law 2013 makes it unlawful to carry out direct or indirect discrimination because of a person’s ethnicity. Further, engaging in threatening or abusive behaviour towards a person, whether on-line or in person, and whether or not involving physical harm, including because of a person’s ethnicity or religious beliefs, may amount to an offence under customary law or statute. It would be for Employment and Discrimination Tribunal or the Courts to determine whether any unlawful or criminal act were motivated by anti-Semitism to the extent that is relevant to the determination of any proceedings.
C
As above, it is not.
