NSG Senate Coffee Shop: We don't serve decaf

[Sebastianbourg]

New flag proposals.

[Atlanticatia]

New flag proposals.

(Image)

(Image)

I love #1.

#2 is really good too - but I'd say #1 beats it by a small margin.

Edit: I keep editing my post, switching which one I prefer. I'm just going to say I love both equally. Colors look really nice.

[People Who Say Ni]

Bumping this up again. Also, I really only wanted this bill to be a lightweight foundation in terms of occupational health and safety, but I'm considering expanding that section. Would anybody be happy to share their opinion in that regard?

Fair Labour (Occupational Terms and Regulations) Act
Author: (People Who Say Ni - DL) - Sponsors: David Vera Cruz (Heraklea- - WA), Nicolao Epifanio Núñez (United Marxist Nations - CP), (Arkanzia - DL), Genevieve Minerva Duflot (Geilinor - LDP)- Category: Labour/Industry - Urgency: Moderate

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The senate of Calaverde,

BELIEVING in the financial accountability of businesses which cause death or injury to employees due to negligent practices,
WANTING to provide measures to accommodate for this behaviour,
ACKNOWLEDGING that the rights of workers and labourers are to be protected by the state in order to create a fair working environment, nationwide
MAINTAINING that all forms of forced labour, including slavery and child labour, are severe violations of these inalienable rights
RECOGNISING the importance of implementing basic labour law legislation in order to build a more prosperous, egalitarian and friendly nation

hereby passes the following legislation:

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PURPOSES:

This bill sets out to do the following:

• Guarantee the right of the worker not to be bullied or harassed in a workplace environment by prohibiting persistent and unwanted physical and sexual advances, as well as unsociable or aggressive communication abuse
• Put a stop to discrimination in the workplace by providing measures to ensure labourers are entitled to equal pay for equal work and cannot be dismissed on a matter of sex, gender, age or race
• Creating the freedom of association in the country, empowering the unions with legal protections for lobbying and protesting
• Provide a scope for businesses to be held accountable for negligent practices, especially those which harm employees, other workers and the members of the public
• Standardise maximum working hours, creating a forty hour work week to allow for rest and leisure time of workers who wish to take such time off paid work
• Create laws which make for a safer, friendlier working environment through the enactment of basic occupational health and safety legislation
• Stop workers from being dismissed from their job by their employee unfairly or without any reason and at the same time, allow workers to terminate their own employment at any given time
• Prohibit all forms of slavery, including indentured labour, debt bondage (servitude given to pay off a debt or loan), and stopping all forms of unjust and rightly illegal human trafficking through the nation in the belief that human beings should not be treated as commodities
• Set regulations for labour conducted by a minor in order to ensure that some of the most vulnerable members of society are protected from harsh working conditions which inhibit the ability to attend school or educational facilities.
• Provide a basic foundation for labour law in the country by guaranteeing basic workers rights and freedoms and creating a statutory platform for the expansion of such laws in order to build a more prosperous, egalitarian and friendly nation.

GLOSSARY OF TERMS:

"BULLYING" persistent and unwanted harassment.
"COLLECTIVE ENTERPRISE BARGAINING": the process of a group of employees negotiating with their employer in order to agree upon working conditions
"FIRM": a businesses unit or enterprise involved in the manufacture of goods, or else the provision of goods and/or services to consumers,
"HAZARDOUS LABOUR": work which involves manipulating electrical systems or devices, working in confined spaces or involving the use of construction tools.
"HUMAN TRAFFICKING": the movement of those under servitude between national borders
"INDENTURED LABOUR": a system wherein labourers are treated as subservient for a set time, often in a state of peonage.
"NATIONAL EMERGENCY": a disaster, natural or man-made, including war and attacks on any part of the state
"SLAVERY": a condition in which individuals are treated as if they are the chattel of another.
"STRIKE": a mass, collective refusal to undertake labour for any period of time as a protest
"WORKPLACE": a location at which non-itinerant labour is conducted.

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SECTION 1: Workers Rights:

SUB-SECTION 1 - Guarantee of the Individual Rights of the Worker:

1. All employed workers of Calaverde are reserved the following rights and freedoms:
   • The right to attain an equal payment as a peer conducting an equivalent form of work under the same firm, free from racism, ageism, sexism or discrimination taking any form.
     
   • The right to fair remuneration in the form of a monetary reward, on a frequent basis, as compensation for mental or physical labour done for a firm or business institution.
     
   • The right to join or create one or more trade unions to protect and lobby for one's individual or collective labour rights.
     
   • The right to partake in collective enterprise bargaining without fear of dismissal.
     
   • The right to initiate or partake in a strike or collective action.
   • The right to terminate one's own employment at will.
     
   • The right to time taken off work, either paid or unpaid, for the purposes of rest and recovery, without fear of dismissal.
   • The right to have knowledge of all significant terms of employment, including a job description, working conditions, hours, pay and any other pieces of important information.
     
   • Freedom from forced labour by a prison for the financial benefit of the state or private owner of the law-enforcement institution
     
   • Freedom from forced labour conducted under duress for the financial benefit of a firm or business institution.

SUB-SECTION 2: - Regulations on Working Hours

1. Workers are not to conduct labour for a firm for more than forty hours every week, unless wages paid for each extra hour are increased by at least twenty five percent of the ordinary wage.
   
2. Workers may be guaranteed the right to reject overtime work without fear of demotion or dismissal
   
3. Workers are to be given a break from work amounting to sixty minutes after every six consecutive hours of work
   
4. Workers are to be guaranteed twelve consecutive hours of rest from work in every twenty four hour period.

SUB-SECTION 3: - Regulations on Strikes Initiated by Essential Services:

1. Persons employed in such industries, which, when nonoperational, seriously threaten a number of lives or the stability of our nation, must report their intentions to strike to their organisation no less than two hundred hours prior to the commencement of the strike. Examples include:
   • Prison services,
     
   • Emergency service phone operating,
     
   • the hospital sector; and,
     
   • the fire-fighting sector.
2. Immediately after notification of a strike in their sector, the hospital administration, or equivalent of, of all affected hospitals must take provisions to ensure the following:
   • The safety of all hospital patients will not be threatened by the strike; and,
     
   • If it exists, the hospital's emergency or ambulance section must remain operational during the strike.
3. People working in the fire-fighting sector and medical emergency departments, including ambulance operators, are prohibited from initiating and participating in a strike during a time where their services are required to assist with mediating a national emergency.

SUB-SECTION 4 - Cases of Unlawful Dismissal:

1. The measures in this subsection do not apply to government institutions.
   
2. An employer may only dismiss an employee when:
   • The job becomes redundant, that is, the employer no longer requires the employee's job to be undertaken by anybody, or,
     
   • The employee acted in an unsociable or unlawful way whilst actually undertaking their job, or,
   • The employee had exhibited poor performance in the execution of their job, or,
     
   • Terms of dismissal were agreed upon when the job was first accepted by the employee, and such terms were fulfilled in the dismissal of the worker.

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SECTION 2: Slavery and Child Labour:

SUB-SECTION 1 - Ban on Slavery:

1. No form of slavery is to be allowed within the nation of Calaverde, including indentured labour.
   Specifically:
   1. No person within the state of Calaverde may be treated as the personal property of a human owner.
      
   2. No person may be treated as a commodity to be bought or sold.
      
   3. No person may partake in the act of giving oneself up for servitude in order to repay a debt.
      
   4. No person may be forced to undertake a non-consensual act of marriage as an act of servitude.
      
   5. All slaves which currently exist within the state of Calaverde are hereby freed.
2. No entity may use the state of Calaverde as a route for human trafficking.

SUB-SECTION 2 - Restrictions on Child Labour:

1. No person under the age of thirteen may undertake a position as a worker or employee for a firm.
   
2. Jobs which primarily involve a form of performing, competing, composing, or creating visual art are exempt from this ruling, providing:
   • Permission from a parent or guardian is given. (In the case of a job for a firm, this is to be given, in written form, to the employer.)
     
   • This job does not ordinarily take place during school hours, whilst school is running.
     
   • The child's working week does not span more than eight hours per day, four days per week.
3. No person, under the age of eighteen, may take part in hazardous labour, except in cases where:
   • The minor is being trained in order to receive a qualification for the job in question, and,
     
   • The minor is under near-constant supervision from an adult, qualified in the job in question, with first-aid training, and,
     
   • The minor can provide written consent from a parent or guardian, and,
   • Measures have been taken to maximise the safety of the trainee, and,
     
   • The child's working week does not span more than eight hours per day, four days per week.
4. No person, under the age of eighteen, may operate under such working conditions which exhibit a significant threat of death or serious injury.
   
5. Persons between the ages of thirteen and eighteen who undertake a position as a worker or employee for a firm where they will not take part in:
   1. Hazardous labour, or,
      
   2. An apprenticeship, trainee ship or other program designed to assist the student in transitioning into work, or,
      
   3. A form of performing, competing, composing, or creating visual art
   • May not undertake work during such time where school is operational.
     
   • May only undertake a maximum two hours of work each school day.
6. All child labourers are to be provided with the same rights as their adult counterparts, unless otherwise is explicitly legislated.

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SECTION 3: Occupational Health and Safety:

SUB-SECTION 1 - Creation of a Duty of Care:

1. Employers, or persons involved in administrating a firm or business institution must ensure, as far is reasonably practicable:
   • The health and safety of non-employees are not compromised by work which is carried out as part of the conduct of the firm.
     
   • Any risks or hazards to the health and safety of employees are minimised.
   Specifically:
   1. The presence of slippery surfaces or obstacles within a workplace which may cause a trip or fall must be indicated with easily visible signage,
      
   2. Portable electrical construction equipment in frequent use must be tested for electrical faults by a qualified electrician in three month intervals,
      
   3. Each indoor workplace must have multiple, permanent and unobstructed paths of exit from any easily accessible place from within the workplace fitted with working hand-held fire extinguishers,
      
   4. Employees which ordinarily work under threat of lethal or near-lethal falling must have this risk mitigated.
      
   5. Any legitimate safety issues not specifically mentioned in this act must also have measures taken into place to minimise them.

SUB-SECTION 2 - Regulations on the Accountability of Businesses:

1. The injury or death of an amount of employees, which has occurred whilst the worker or workers were undertaking labour for a firm, shall be brought to an inquiry on the business practices of the firm in question.
   
2. In the case of death of one or more employees, should it be found that said death is connected to negligence on behalf of the firm, the business institution will be required to provide the following compensation:
   • Full coverage of funeral costs and any medical bills directly associated with the death of the employee(s).
     
   • A prescribed payment to the household of, or those dependent upon the financial support of, the deceased.
3. In the case of injury to one or more employees, should it be found that said injury is connected to negligence on behalf of the firm, the business institution will be required to provide the following compensation:
   • Full pay and employee benefits to be made out for the recovery time, as determined by a qualified medical practitioner, of affected individuals.
     
   • Full coverage of all medical and insurance bills of the injured worker(s) directly associated with their injury.

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SECTION 4 - Harassment and Discrimination:

SUB-SECTION 1: Prevention of Workplace Discrimination

1. No employer or workplace peer may bully, vilify, or grant privilege to co-workers, including through the implementation of a policy of practice, based upon the following:
   1. Age of the employee.
   2. Gender, gender identity, lawful sexual activity or sexual identity
   3. Any full or partial disability which does not impede upon the employee's ability to conduct his or her physical or mental labour at the same level of job performance exhibited by his or her peers.
   4. The race, nationality or country of origin of the employee.
   5. Religion or non-harmful personal beliefs exhibited by the worker.
   6. Marital or parental status
   7. Socio-economic status, current employment or past careers
   8. Personal association with anybody who displays one of the above protected characteristics
2. No employer may hire or dismiss an employee for displaying one of the above, protected characteristics, so long as they do not impede upon the employee or prospective employee's ability to conduct his or her physical or mental labour at the same level of job performance exhibited by his or her peers.
3. Every worker is entitled to the same wage and working conditions as any co-worker conducting the same work as themselves, regardless of age, sex, sexual identity, race, religion, non-harmful personal beliefs or disability.

SUB-SECTION 2: Prohibition of Bullying and Harassment in a Workplace Environment

1. No employee, volunteer or student in a workplace environment may be bullied by a peer.
   
2. Bullying includes:
   • Verbal harassment, such as:
     1. Persistent name-calling, unwanted by the victim.
        
     2. Persistent insults directed at specific people.
   • Physical harassment, such as:
     1. Unwanted physical contact intentionally made by the perpetrator.
        
     2. Violent or aggressive attacks upon one or more victims.
   • Sexual harassment, such as:
     1. Unwelcome advances of a sexual nature.
        
     2. Persistent requests for favours of a sexual nature, unwanted by the victim.
   • Other persistent unsociable behaviour, including:
     1. Humiliation or defamation of somebody within the workplace.
        
     2. Serious threatening or intimidating behaviour, including extreme pressure intentionally placed upon a victim to act a certain, undesirable way.
        
     3. Victimising or excluding a certain person or group of persons within the workplace.
        

[Sebastianbourg]

New flag proposals.

(Image)

(Image)

I love #1.

#2 is really good too - but I'd say #1 beats it by a small margin.

Should I introduce a bill describing the flag or should I wait until more people log-in and they give me their opinion on my designs?

[Atlanticatia]

I love #1.

#2 is really good too - but I'd say #1 beats it by a small margin.

Should I introduce a bill describing the flag or should I wait until more people log-in and they give me their opinion on my designs?

See edits.

[Heraklea-]

I'm really not feeling those designs. They both feel just too Dutch to me.

[Geilinor]

People Who Say Ni, I'd like to sponsor the bill.

[Sebastianbourg]

I'm really not feeling those designs. They both feel just too Dutch to me.

Suggestions?

[The Liberated Territories]

1.) Yes - no. Because a positive right to "good health" doesn't exist as much as a negative right to life does.

I don't care about positive vs. negative rights. I simply believe national health service should be established.

2.) If they are aware that their work would cause it, no.

Then why have universal healthcare at all?

3.) Then why don't, instead of pressing criminal charges for the mere act of being stupid, make him pay for his own medical affairs as an added natural consequence alongside the murder?

What would that solve? It's not going to dissuade someone any further considering they are going to jail for so long anyway. It certainly doesn't stop people in the US.

That would be a much better deterrent when waying the risks. Except the victim never consented to be hurt by a drunk driver. It is aggression on the drunk driver's part.

They could have avoided it though, by not driving. When you choose to drive, you consent you might be harmed, otherwise you would not drive.

Ttell me specific scenarios where you would be covered under you plan, as it seems more would not be covered than those who are covered. And how exactly would you prove it was their fault? They need immediate treatment, what are you going to do, prove it in court? A colossal waste of spending.

1.) Okay. That's nice. But guess what? Other people, for some reason or another, do not.

2.) I don't know, you ask me.

3.) That would solve a lot of things, like spending insane amounts of money on healthcare for criminals, for starters.

To a part, yes. But if somebody purposely crashes into you, that is not your fault.

I do not have a plan, as before I was merely highlighting the consequences, negative and positive. But alas, my "plan" would be therefore to create a system consistent with both morality and common sense.

You do not necessarily need a public court to prove a public issue, either.

[Heraklea-]

I'm really not feeling those designs. They both feel just too Dutch to me.

Suggestions?

How about this?

[United Provinces of Atlantica]

The Five Pints represent the unity of the English, French, Spanish, Dutch, and Portuguese speakers, the Green represents Calaverdean forests, the blue represents the seas, and the White is more of a space filler, and the black is there because the software I'm using makes it have that. Additionally it's a tricolour to represent Republicanism.

[Sebastianbourg]

The Five Pints represent the unity of the English, French, Spanish, Dutch, and Portuguese speakers, the Green represents Calaverdean forests, the blue represents the seas, and the White is more of a space filler. Additionally it's a tricolour to represent Republicanism.

(Image)

How does a tricolour represent republicanism? Belgium is a monarchy and its flag is a tricolour for example. I'm sorry but I don't like it although we need a flag more than we need a pretty flag.

[Sebastianbourg]

Suggestions?

How about this?

I dunno; the blue seems to strong and the four-pointed star seems a bit out of place.

[United Provinces of Atlantica]

The Five Pints represent the unity of the English, French, Spanish, Dutch, and Portuguese speakers, the Green represents Calaverdean forests, the blue represents the seas, and the White is more of a space filler. Additionally it's a tricolour to represent Republicanism.

(Image)

How does a tricolour represent republicanism? Belgium is a monarchy and its flag is a tricolour for example. I'm sorry but I don't like it although we need a flag more than we need a pretty flag.

From Wikipedia (emphasis added):

A tricolour is a type of flag or banner design with a triband design which originated in the 16th century as a symbol of republicanism, liberty or indeed revolution.

[Sebastianbourg]

How does a tricolour represent republicanism? Belgium is a monarchy and its flag is a tricolour for example. I'm sorry but I don't like it although we need a flag more than we need a pretty flag.

From Wikipedia (emphasis added):

A tricolour is a type of flag or banner design with a triband design which originated in the 16th century as a symbol of republicanism, liberty or indeed revolution.

Very well. But in my opinion, a symbol of republicanism is hardly a symbol of republicanism when it is used to represent monarchies or countries with monarchies.

[Heraklea-]

How does a tricolour represent republicanism? Belgium is a monarchy and its flag is a tricolour for example. I'm sorry but I don't like it although we need a flag more than we need a pretty flag.

From Wikipedia (emphasis added):

A tricolour is a type of flag or banner design with a triband design which originated in the 16th century as a symbol of republicanism, liberty or indeed revolution.

Not only that but the blue-white-blue tri-color in particular is linked with the Federal Republic of Central America, which is why it is present in so many Central American flags.

The Five Pints represent the unity of the English, French, Spanish, Dutch, and Portuguese speakers, the Green represents Calaverdean forests, the blue represents the seas, and the White is more of a space filler, and the black is there because the software I'm using makes it have that. Additionally it's a tricolour to represent Republicanism.

(Image)

I think a white border around the star would work better, and the blue and green you've chosen are too dull for my taste. The design overall is fine though.

[Sebastianbourg]

From Wikipedia (emphasis added):

Not only that but the blue-white-blue tri-color in particular is linked with the Federal Republic of Central America, which is why it is present in so many central american flags.

But weren't we a European colony for much longer? We never formed part of a united Central American state and as such should not commemorate it in our most valuable national symbol.

[Heraklea-]

Not only that but the blue-white-blue tri-color in particular is linked with the Federal Republic of Central America, which is why it is present in so many central american flags.

But weren't we a European colony for much longer? We never formed part of a united Central American state and as such should not commemorate it in our most valuable national symbol.

Uh... actually the history I proposed which is largely being treated as canon though we never voted on it has us as part of the Federal Republic of Central America.

[Sebastianbourg]

Why don't we open a separate thread for flags? We could even publish it on our national gazette as a contest open to everyone.

[Sebastianbourg]

But weren't we a European colony for much longer? We never formed part of a united Central American state and as such should not commemorate it in our most valuable national symbol.

Uh... actually the history I proposed which is largely being treated as canon though we never voted on it has us as part of the Federal Republic of Central America.

Could you please link me to this history? The last bit of Calaverdean history I read had us remain a European colony until we somehow became independent. After that, we had a military government I believe.

[Heraklea-]

Uh... actually the history I proposed which is largely being treated as canon though we never voted on it has us as part of the Federal Republic of Central America.

Could you please link me to this history? The last bit of Calaverdean history I read had us remain a European colony until we somehow became independent. After that, we had a military government I believe.

Here it is. It's in the old lobby. Could still use some tweaking, though.

[The Nihilistic view]

Both those blue ones with the greenish star are horrible.

[Heraklea-]

Both those blue ones with the greenish star are horrible.

Anything constructive to say, or are you just drunk again?

[Arkanzia (Ancient)]

Offensive Behaviour at Sport and Threatening Communications Act

Author- James A. Stuart (Arkanzia)
Sponsors
Category- Law and Order
Urgency- moderate

An Act of the Caleverian Senate to create offences concerning offensive behaviour in relation to certain sporting events, and concerning the communication of certain threatening material.
Offensive behaviour at regulated sports matches

1Offensive behaviour at regulated sports

(1)A person commits an offence if, in relation to a regulated sports event—
(a)the person engages in behaviour of a kind described in subsection (2), and
(b)the behaviour—
(i)is likely to incite public disorder, or
(ii)would be likely to incite public disorder.
(2)The behaviour is—
(a)expressing hatred of, or stirring up hatred against, a group of persons based on their membership (or presumed membership) of—
(i)a religious group,
(ii)a social or cultural group with a perceived religious affiliation,
(iii)a group defined by reference to a thing mentioned in subsection (4),
(b)expressing hatred of, or stirring up hatred against, an individual based on the individual’s membership (or presumed membership) of a group mentioned in any of sub-paragraphs (i) to (iii) of paragraph (a),
(c)behaviour that is motivated (wholly or partly) by hatred of a group mentioned in any of those sub-paragraphs,
(d)behaviour that is threatening, or
(e)other behaviour that a reasonable person would be likely to consider offensive.
(3)For the purposes of subsection (2)(a) and (b), it is irrelevant whether the hatred is also based (to any extent) on any other factor.
(4)The things referred to in subsection (2)(a)(iii) are—
(a)colour,
(b)race,
(c)nationality (including citizenship),
(d)ethnic or national origins,
(e)sexual orientation,
(f)transgender identity,
(g)disability.
(5)For the purposes of subsection (1)(b)(ii), behaviour would be likely to incite public disorder if public disorder would be likely to occur but for the fact that—
(a)measures are in place to prevent public disorder, or
(b)persons likely to be incited to public disorder are not present or are not present in sufficient numbers.
(6)A person guilty of an offence under subsection (1) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
2Regulated sports events: definition and meaning of behaviour “in relation to” event

(1)In section 1 and this section, “regulated sports event”—
(a)does not include a regulated sports match outside Calaverde unless the match involves—
(i)a national team appointed to represent Calaverde, or
(ii)a team representing a club that is a member of a sporting association or league based in Calaverde
(2)For the purposes of section 1(1), a person’s behaviour is in relation to a regulated sports match if––
(a)it occurs—
(i)in the ground where the regulated match is being held on the day on which it is being held,
(ii)while the person is entering or leaving (or trying to enter or leave) the ground where the regulated match is being held, or
(iii)on a journey to or from the regulated match, or
(b)it is directed towards, or is engaged in together with, another person who is—
(i)in the ground where the regulated match is being held on the day on which it is being held,
(ii)entering or leaving (or trying to enter or leave) the ground where the regulated match is being held, or
(iii)on a journey to or from the regulated match.
(3)The references in subsection (2)(a) and (b) to a regulated match include a reference to any place (other than domestic premises) at which such a match is televised; and, in the case of such a place, the references in subsection (2)(a) and (b) to the ground where the regulated match is being held are to be taken to be references to that place.
(4)For the purpose of subsection (2)(a) and (b)—
(a)a person may be regarded as having been on a journey to or from a regulated match whether or not the person attended or intended to attend the match, and
(b)a person’s journey includes breaks (including overnight breaks).
3Fixed penalties

(1)Section 1(1) applies to—
(a)behaviour of any kind including, in particular, things said or otherwise communicated as well as things done, and
(b)behaviour consisting of—
(i)a single act, or
(ii)a course of conduct.
(2)In section 1(2)—
(a)membership, in relation to a group, includes association with members of that group,
(b)“presumed” means presumed by the person expressing hatred or, as the case may be, doing the stirring up.
(3)In section 1(4)—
(a)“disability” means physical or mental impairment of any kind,
(b)“transgender identity” means any of the following—
(i)transvestism,
(ii)transsexualism,
(iii)intersexuality,
(iv)having changed gender,
(v)any other gender identity that is not standard male or female gender identity.
(4)In section 2(3), “televised” means shown (on a screen or by projection onto any surface) whether by means of the broadcast transmission of pictures or otherwise.
5Power to modify sections 1 and 4

(1)The Ministers may by order—
(a)modify section 1 so as to—
(i)add or remove a description of behaviour to or from those for the time being listed in subsection (2) of that section,
(ii)vary the description of a behaviour for the time being listed in that subsection,
(iii)add or remove a thing to or from those for the time being listed in subsection (4) of that section,
(iv)vary the description of a thing for the time being listed in that subsection,
(v)disapply paragraph (b) of subsection (5) of that section in relation to a description of behaviour for the time being listed in subsection (2) of that section,
(b)modify section 4 so as to—
(i)add or remove a definition to or from those for the time being mentioned in subsection (2) or (3) of that section,
(ii)vary a definition for the time being mentioned in either of those subsections.
(2)An order under subsection (1)—
(a)may make such consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate,
(b)may, for the purpose of making consequential provision under paragraph (a), modify this Act,
(c)is subject to the affirmative procedure.
Threatening communications

6Threatening communications

(1)A person commits an offence if—
(a)the person communicates material to another person, and
(b)either Condition A or Condition B is satisfied.
(2)Condition A is that—
(a)the material consists of, contains or implies a threat, or an incitement, to carry out a seriously violent act against a person or against persons of a particular description,
(b)the material or the communication of it would be likely to cause a reasonable person to suffer fear or alarm, and
(c)the person communicating the material—
(i)intends by doing so to cause fear or alarm, or
(ii)is reckless as to whether the communication of the material would cause fear or alarm.
(3)For the purposes of Condition A, where the material consists of or includes an image (whether still or moving), the image is taken to imply a threat or incitement such as is mentioned in paragraph (a) of subsection (2) if—
(a)the image depicts or implies the carrying out of a seriously violent act (whether actual or fictitious) against a person or against persons of a particular description (whether the person or persons depicted are living or dead or actual or fictitious), and
(b)a reasonable person would be likely to consider that the image implies the carrying out of a seriously violent act against an actual person or against actual persons of a particular description.
(4)Subsection (3) does not affect the generality of subsection (2)(a).
(5)Condition B is that—
(a)the material is threatening, and
(b)the person communicating it intends by doing so to stir up hatred on religious grounds.
(6)It is a defence for a person charged with an offence under subsection (1) to show that the communication of the material was, in the particular circumstances, reasonable.
(7)A person guilty of an offence under subsection (1) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
7Protection of freedom of expression

(1)For the avoidance of doubt, nothing in section 6(5) prohibits or restricts—
(a)discussion or criticism of religions or the beliefs or practices of adherents of religions,
(b)expressions of antipathy, dislike, ridicule, insult or abuse towards those matters,
(c)proselytising, or
(d)urging of adherents of religions to cease practising their religions.
(2)In subsection (1), “religions” includes—
(a)religions generally,
(b)particular religions,
(c)other belief systems.
8Section 6: interpretation

(1)Subsections (2) to (5) define expressions used in section 6.
(2)“Communicates” means communicates by any means (other than by means of unrecorded speech); and related expressions are to be construed accordingly.
(3)“Material” means anything that is capable of being read, looked at, watched or listened to, either directly or after conversion from data stored in another form.
(4)“Hatred on religious grounds” means hatred against—
(a)a group of persons based on their membership (or presumed membership) of—
(i)a religious group
(ii)a social or cultural group with a perceived religious affiliation, or
(b)an individual based on the individual’s membership (or presumed membership) of a group mentioned in either of sub-paragraphs (i) and (ii) of paragraph (a).
(5)“Seriously violent act” means an act that would cause serious injury to, or the death of, a person.
(6)In subsection (4)—
(a)“membership”, in relation to a group, includes association with members of that group, and
(b)“presumed” means presumed by the person making the communication.
9Power to modify sections 6(5)(b) and 8

(1)The Ministers may by order—
(a)modify section 6(5)(b) so as to—
(i)add or remove a ground of hatred to or from those for the time being mentioned in that section,
(ii)vary a ground of hatred for the time being mentioned in that section,
(b)modify section 8 so as to—
(i)add or remove a definition to or from those for the time being mentioned in that section in consequence of a modification made under paragraph (a),
(ii)vary a definition that relates to a ground of hatred for the time being mentioned in section 6(5)(b).
(2)An order under subsection (1) may—
(a)specify grounds of hatred by reference to hatred against groups of persons, or individuals, of specified descriptions,
(b)specify such descriptions by reference to specified personal characteristics,
(c)in relation to any ground added by the order, modify this Act so as to make such provision for the same or similar purposes as that in section 7 as the Ministers consider necessary or appropriate,
(d)remove or vary any provision made under paragraph (c).
(3)An order under subsection (1)—
(a)may make such consequential, transitional, transitory or saving provision as the Ministers consider appropriate,
(b)may, for the purpose of making consequential provision under paragraph (a), modify this Act,
(c)is subject to the affirmative procedure.
Offences outside Calaverde

10Sections 1(1) and 6(1): offences outside Calaverde

(1)As well as applying to anything done in Calaverde by any person, section 1(1) also applies to anything done outside Calaverde by a person who is habitually resident in Calaverde.
(2)As well as applying to anything done in Calaverde by any person, section 6(1) also applies to a communication made by a person from outside Calaverde if the person intends the material communicated to be read, looked at, watched or listened to primarily in Calaverde.
(3)Where an offence under section 1(1) or 6(1) is committed outside Calaverde the person committing the offence may be prosecuted, tried and punished for the offence—
(a)in any sheriff court district in which the person is apprehended or in custody, or
(b)in such sheriff court district as the Lord Advocate may direct,as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district).
Report on operation of offences

11Report on operation of offences

(1)The Ministers must lay before the Senate—
(a)a report on the operation of the offence in section 1(1) during the review period, and
(b)a report on the operation of the offence in section 6(1) during the review period.
(2)Before preparing a report under subsection (1), the Ministers must consult such persons as they consider appropriate.
(3)A report under subsection (1) must be so laid no later than 12 months after the end of the review period.
(4)In subsections (1) and (3), “the review period” means the period—
(a)beginning on the relevant day, and
(b)ending 2 years after the 1 August next occurring after the relevant day.
(5)In subsection (4), “the relevant day” means—
(a)in relation to a report under subsection (1)(a), the day on which section 1 comes into force,
(b)in relation to a report under subsection (1)(b), the day on which section 6 comes into force.
Commencement and short title

12Commencement

(1)This section and section 13 come into force on the day of PresidentialmAssent.
(2)The other provisions of this Act come into force on such day as the Ministers may by order appoint.
13Short title

The short title of this Act is the Offensive Behaviour at Sport and Threatening Communications Act 2015.

[Dragomerian Islands]

Offensive Behaviour at Sport and Threatening Communications Act

Author- Arkanzia
Sponsors
Category- Law and Order
Urgency- moderate

An Act of the Caleverian Senate to create offences concerning offensive behaviour in relation to certain sporting events, and concerning the communication of certain threatening material.
Offensive behaviour at regulated sports matches

1Offensive behaviour at regulated sports

(1)A person commits an offence if, in relation to a regulated sports event—
(a)the person engages in behaviour of a kind described in subsection (2), and
(b)the behaviour—
(i)is likely to incite public disorder, or
(ii)would be likely to incite public disorder.
(2)The behaviour is—
(a)expressing hatred of, or stirring up hatred against, a group of persons based on their membership (or presumed membership) of—
(i)a religious group,
(ii)a social or cultural group with a perceived religious affiliation,
(iii)a group defined by reference to a thing mentioned in subsection (4),
(b)expressing hatred of, or stirring up hatred against, an individual based on the individual’s membership (or presumed membership) of a group mentioned in any of sub-paragraphs (i) to (iii) of paragraph (a),
(c)behaviour that is motivated (wholly or partly) by hatred of a group mentioned in any of those sub-paragraphs,
(d)behaviour that is threatening, or
(e)other behaviour that a reasonable person would be likely to consider offensive.
(3)For the purposes of subsection (2)(a) and (b), it is irrelevant whether the hatred is also based (to any extent) on any other factor.
(4)The things referred to in subsection (2)(a)(iii) are—
(a)colour,
(b)race,
(c)nationality (including citizenship),
(d)ethnic or national origins,
(e)sexual orientation,
(f)transgender identity,
(g)disability.
(5)For the purposes of subsection (1)(b)(ii), behaviour would be likely to incite public disorder if public disorder would be likely to occur but for the fact that—
(a)measures are in place to prevent public disorder, or
(b)persons likely to be incited to public disorder are not present or are not present in sufficient numbers.
(6)A person guilty of an offence under subsection (1) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
2Regulated sports events: definition and meaning of behaviour “in relation to” event

(1)In section 1 and this section, “regulated sports event”—
(a)does not include a regulated sports match outside Calaverde unless the match involves—
(i)a national team appointed to represent Calaverde, or
(ii)a team representing a club that is a member of a sporting association or league based in Calaverde
(2)For the purposes of section 1(1), a person’s behaviour is in relation to a regulated sports match if––
(a)it occurs—
(i)in the ground where the regulated match is being held on the day on which it is being held,
(ii)while the person is entering or leaving (or trying to enter or leave) the ground where the regulated match is being held, or
(iii)on a journey to or from the regulated match, or
(b)it is directed towards, or is engaged in together with, another person who is—
(i)in the ground where the regulated match is being held on the day on which it is being held,
(ii)entering or leaving (or trying to enter or leave) the ground where the regulated match is being held, or
(iii)on a journey to or from the regulated match.
(3)The references in subsection (2)(a) and (b) to a regulated match include a reference to any place (other than domestic premises) at which such a match is televised; and, in the case of such a place, the references in subsection (2)(a) and (b) to the ground where the regulated match is being held are to be taken to be references to that place.
(4)For the purpose of subsection (2)(a) and (b)—
(a)a person may be regarded as having been on a journey to or from a regulated match whether or not the person attended or intended to attend the match, and
(b)a person’s journey includes breaks (including overnight breaks).
3Fixed penalties

(1)Section 1(1) applies to—
(a)behaviour of any kind including, in particular, things said or otherwise communicated as well as things done, and
(b)behaviour consisting of—
(i)a single act, or
(ii)a course of conduct.
(2)In section 1(2)—
(a)membership, in relation to a group, includes association with members of that group,
(b)“presumed” means presumed by the person expressing hatred or, as the case may be, doing the stirring up.
(3)In section 1(4)—
(a)“disability” means physical or mental impairment of any kind,
(b)“transgender identity” means any of the following—
(i)transvestism,
(ii)transsexualism,
(iii)intersexuality,
(iv)having changed gender,
(v)any other gender identity that is not standard male or female gender identity.
(4)In section 2(3), “televised” means shown (on a screen or by projection onto any surface) whether by means of the broadcast transmission of pictures or otherwise.
5Power to modify sections 1 and 4

(1)The Ministers may by order—
(a)modify section 1 so as to—
(i)add or remove a description of behaviour to or from those for the time being listed in subsection (2) of that section,
(ii)vary the description of a behaviour for the time being listed in that subsection,
(iii)add or remove a thing to or from those for the time being listed in subsection (4) of that section,
(iv)vary the description of a thing for the time being listed in that subsection,
(v)disapply paragraph (b) of subsection (5) of that section in relation to a description of behaviour for the time being listed in subsection (2) of that section,
(b)modify section 4 so as to—
(i)add or remove a definition to or from those for the time being mentioned in subsection (2) or (3) of that section,
(ii)vary a definition for the time being mentioned in either of those subsections.
(2)An order under subsection (1)—
(a)may make such consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate,
(b)may, for the purpose of making consequential provision under paragraph (a), modify this Act,
(c)is subject to the affirmative procedure.
Threatening communications

6Threatening communications

(1)A person commits an offence if—
(a)the person communicates material to another person, and
(b)either Condition A or Condition B is satisfied.
(2)Condition A is that—
(a)the material consists of, contains or implies a threat, or an incitement, to carry out a seriously violent act against a person or against persons of a particular description,
(b)the material or the communication of it would be likely to cause a reasonable person to suffer fear or alarm, and
(c)the person communicating the material—
(i)intends by doing so to cause fear or alarm, or
(ii)is reckless as to whether the communication of the material would cause fear or alarm.
(3)For the purposes of Condition A, where the material consists of or includes an image (whether still or moving), the image is taken to imply a threat or incitement such as is mentioned in paragraph (a) of subsection (2) if—
(a)the image depicts or implies the carrying out of a seriously violent act (whether actual or fictitious) against a person or against persons of a particular description (whether the person or persons depicted are living or dead or actual or fictitious), and
(b)a reasonable person would be likely to consider that the image implies the carrying out of a seriously violent act against an actual person or against actual persons of a particular description.
(4)Subsection (3) does not affect the generality of subsection (2)(a).
(5)Condition B is that—
(a)the material is threatening, and
(b)the person communicating it intends by doing so to stir up hatred on religious grounds.
(6)It is a defence for a person charged with an offence under subsection (1) to show that the communication of the material was, in the particular circumstances, reasonable.
(7)A person guilty of an offence under subsection (1) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
7Protection of freedom of expression

(1)For the avoidance of doubt, nothing in section 6(5) prohibits or restricts—
(a)discussion or criticism of religions or the beliefs or practices of adherents of religions,
(b)expressions of antipathy, dislike, ridicule, insult or abuse towards those matters,
(c)proselytising, or
(d)urging of adherents of religions to cease practising their religions.
(2)In subsection (1), “religions” includes—
(a)religions generally,
(b)particular religions,
(c)other belief systems.
8Section 6: interpretation

(1)Subsections (2) to (5) define expressions used in section 6.
(2)“Communicates” means communicates by any means (other than by means of unrecorded speech); and related expressions are to be construed accordingly.
(3)“Material” means anything that is capable of being read, looked at, watched or listened to, either directly or after conversion from data stored in another form.
(4)“Hatred on religious grounds” means hatred against—
(a)a group of persons based on their membership (or presumed membership) of—
(i)a religious group
(ii)a social or cultural group with a perceived religious affiliation, or
(b)an individual based on the individual’s membership (or presumed membership) of a group mentioned in either of sub-paragraphs (i) and (ii) of paragraph (a).
(5)“Seriously violent act” means an act that would cause serious injury to, or the death of, a person.
(6)In subsection (4)—
(a)“membership”, in relation to a group, includes association with members of that group, and
(b)“presumed” means presumed by the person making the communication.
9Power to modify sections 6(5)(b) and 8

(1)The Ministers may by order—
(a)modify section 6(5)(b) so as to—
(i)add or remove a ground of hatred to or from those for the time being mentioned in that section,
(ii)vary a ground of hatred for the time being mentioned in that section,
(b)modify section 8 so as to—
(i)add or remove a definition to or from those for the time being mentioned in that section in consequence of a modification made under paragraph (a),
(ii)vary a definition that relates to a ground of hatred for the time being mentioned in section 6(5)(b).
(2)An order under subsection (1) may—
(a)specify grounds of hatred by reference to hatred against groups of persons, or individuals, of specified descriptions,
(b)specify such descriptions by reference to specified personal characteristics,
(c)in relation to any ground added by the order, modify this Act so as to make such provision for the same or similar purposes as that in section 7 as the Ministers consider necessary or appropriate,
(d)remove or vary any provision made under paragraph (c).
(3)An order under subsection (1)—
(a)may make such consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate,
(b)may, for the purpose of making consequential provision under paragraph (a), modify this Act,
(c)is subject to the affirmative procedure.
Offences outside Calaverde

10Sections 1(1) and 6(1): offences outside Calaverde

(1)As well as applying to anything done in Calaverde by any person, section 1(1) also applies to anything done outside Calaverde by a person who is habitually resident in Calaverde.
(2)As well as applying to anything done in Calaverde by any person, section 6(1) also applies to a communication made by a person from outside Calaverde if the person intends the material communicated to be read, looked at, watched or listened to primarily in Calaverde.
(3)Where an offence under section 1(1) or 6(1) is committed outside Calaverde the person committing the offence may be prosecuted, tried and punished for the offence—
(a)in any sheriff court district in which the person is apprehended or in custody, or
(b)in such sheriff court district as the Lord Advocate may direct,as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district).
Report on operation of offences

11Report on operation of offences

(1)The Ministers must lay before the Senate—
(a)a report on the operation of the offence in section 1(1) during the review period, and
(b)a report on the operation of the offence in section 6(1) during the review period.
(2)Before preparing a report under subsection (1), the Ministers must consult such persons as they consider appropriate.
(3)A report under subsection (1) must be so laid no later than 12 months after the end of the review period.
(4)In subsections (1) and (3), “the review period” means the period—
(a)beginning on the relevant day, and
(b)ending 2 years after the 1 August next occurring after the relevant day.
(5)In subsection (4), “the relevant day” means—
(a)in relation to a report under subsection (1)(a), the day on which section 1 comes into force,
(b)in relation to a report under subsection (1)(b), the day on which section 6 comes into force.
Commencement and short title

12Commencement

(1)This section and section 13 come into force on the day of PresidentialmAssent.
(2)The other provisions of this Act come into force on such day as the Ministers may by order appoint.
13Short title

The short title of this Act is the Offensive Behaviour at Sport and Threatening Communications Act 2015.

"You need to modify the wording on the communications portion, because, there are some loopholes where if a news station releases a negative article on someone, this bill could be used as a threat in and of itself. I support the rest of it though.