359. Public incitement of hatred
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(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.
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(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.
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(3) No person shall be convicted of an offence under subsection (2)—
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(a) if he or she establishes that the statements communicated were true;
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(b) if, in good faith, he or she expressed or attempted to establish by argument an opinion on a religious subject;
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(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
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(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.
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(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.
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(5) No proceeding for an offence under subsection (2) shall be instituted without the consent of the Attorney General.
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(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.