Part I- Preliminary

Section 1- Title and effect

1. This Act shall be known as the Equality and Protection Act, 2026.
2. This Act shall have effect immediately upon the Constitution of the Hokorian State coming into force.

Section 2- Interpretation

1. “Protected characteristic” means race, sex, gender identity, sexuality, asexuality, religion, marital status, pregnancy, national origin or disability.
2. “Discrimination” means treating a person less favourably because of a protected characteristic.
3. “Hate speech” means expression that incites hatred, violence or discrimination against a person or group based on a protected characteristic.
4. “Hate crime” means any criminal act motivated wholly or partly by hostility towards a protected characteristic.
5. “Expression” means speech, writing or any form of communication of ideas or beliefs.
6. “Public act” means conduct or expression made in a place or manner accessible to others.

Part II- Equality and Non-Discrimination

Section 3- Equality before the law

1. Every person shall be equal before the law:
   • The law shall apply equally to all persons,
   • No person shall be given unfair advantage or disadvantage.
2. Public authorities shall act in a manner consistent with equality.
3. Any law or action inconsistent with equality shall be unlawful.

Section 4- Prohibition of discrimination

1. A person shall not engage in discrimination:
   • In public acts,
   • In access to services, opportunities or participation in civic life.
2. Discrimination shall include:
   • Denial of access, opportunity or participation,
   • Imposition of unfair conditions or treatment.
3. This section shall not prevent lawful distinctions where they are reasonable and necessary.

Section 5- Freedom of expression and belief

1. Every person shall have the right to expression, thought and belief:
   • This includes expressing opinions, beliefs or ideas,
   • This includes lawful disagreement or criticism.
2. Expression shall not be unlawful solely because it is offensive, unpopular or controversial.
3. Expression becomes unlawful only where it meets the definition of hate speech under this Act.

Part III- Hate Speech and Hate Crime Offences

Section 6- Offence of hate speech

1. A person commits the offence of hate speech where they engage in expression that:
   • Intentionally incites violence against a person or group based on a protected characteristic,
   • Intentionally promotes or encourages discrimination or hostility against such a person or group.
2. Levels of severity:
   • Basic offence: expression causing likely harm or distress,
   • Aggravated offence: expression that creates a clear risk of violence or widespread harm.
3. Penalties:
   • Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
   • Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.

Section 7- Offence of discriminatory conduct

1. A person commits the offence of discriminatory conduct where they:
   • Intentionally deny access, opportunity or participation based on a protected characteristic,
   • Intentionally impose unfair treatment for that reason.
2. Levels of severity:
   • Basic offence: isolated or limited conduct,
   • Aggravated offence: repeated or systemic conduct.
3. Penalties:
   • Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
   • Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.

Section 8- Offence of hate crime

1. A person commits the offence of hate crime where they commit any unlawful act and that act is motivated wholly or partly by hostility towards a protected characteristic.
2. Levels of severity:
   • Basic offence: where hostility is a contributing factor,
   • Aggravated offence: where hostility is a primary motive or results in serious harm.
3. Penalties:
   • Basic offence shall increase the penalty of the underlying offence by up to 1 month,
   • Aggravated offence shall increase the penalty of the underlying offence by between 1 month and 3 months.

Part IV- Enforcement and Safeguards

Section 9- Safeguards for lawful expression

1. No person shall be penalised under this Act for:
   • Lawful expression of opinion or belief,
   • Criticism of ideas, institutions or beliefs,
   • Discussion of public matters in good faith.
2. The Court shall ensure that this Act is applied in a manner consistent with freedom of expression.
3. Any doubt shall be resolved in favour of protecting lawful expression.

Section 10- Enforcement and proceedings

1. Offences under this Act shall be determined by the Court.
2. The Court shall consider:
   • The intent of the person,
   • The context of the conduct or expression,
   • The impact on affected persons or groups.
3. The Court may impose penalties within the ranges set out in this Act.

Section 11- Interpretation and consistency

1. This Act shall be interpreted in a manner that balances equality and freedom of expression.
2. Any inconsistency shall be resolved in favour of both protecting individuals and preserving lawful expression.
3. All authorities shall act consistently with this Act.