As a matter of UK law, the answer is a clear yes. - Edit 1
Before modification by Tim at 19/06/2010 08:53:12 PM
Race Relations Act 1976, section 3
And, as to the interpretation of that section...
However, if you were to ask me whether "Anyone But England" t-shirts are actually racist, I would answer no. On the same logic, a shirt displaying a preference for one particular country to win would be equally racist as one displaying a preference for one particular country to lost. However, I would agree that there's a possibility they could incite racial hatred, and that withdrawing them was a good decision.
3.— Meaning of “racial grounds”, “racial group” etc.
(1) In this Act, unless the context otherwise requires—
“racial grounds” means any of the following grounds, namely colour, race, nationality or ethnic or national origins;
“racial group” means a group of persons defined by reference to colour, race, nationality or ethnic or national origins, and references to a person's racial group refer to any racial group into which he falls.
(2) The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group for the purposes of this Act.
(1) In this Act, unless the context otherwise requires—
“racial grounds” means any of the following grounds, namely colour, race, nationality or ethnic or national origins;
“racial group” means a group of persons defined by reference to colour, race, nationality or ethnic or national origins, and references to a person's racial group refer to any racial group into which he falls.
(2) The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group for the purposes of this Act.
And, as to the interpretation of that section...
BBC Scotland v Souster 2001 SC 458
Between 1995 and 1997, B employed an English journalist, S to present "Rugby Special". S's employment took the form of successive contracts, but was not renewed in 1997. The BBC employed a Scottish woman to take his place and S complained of racial discrimination, maintaining that the major factor in his contract not being renewed was his "national origins". The employment tribunal and Employment Appeal Tribunal considered themselves bound by the decision in Northern Joint Police Board v Power [1997] I.R.L.R. 610 [where it was held that English and Scottish were separate racial groups]. B appealed, arguing that "English" and "Scottish" were not distinct racial groups for the purpose of the Act and as such could not be relied upon by S. B also argued that the phrase "national origins" meant no more than the nationality acquired by S upon his birth.
Held, refusing the appeal, that the employment tribunal and Employment Appeal Tribunal were correct in holding that S could claim racial discrimination on the grounds that he was English under the phrase "national origins", it being much more than "nationality" in the legal sense. There could be racial discrimination within Great Britain on the basis of a person being of Scottish or English national origin, but S could not bring his claim on the basis of his ethnic origins, neither English nor Scottish being an ethnic group in the terms of the Act.
Between 1995 and 1997, B employed an English journalist, S to present "Rugby Special". S's employment took the form of successive contracts, but was not renewed in 1997. The BBC employed a Scottish woman to take his place and S complained of racial discrimination, maintaining that the major factor in his contract not being renewed was his "national origins". The employment tribunal and Employment Appeal Tribunal considered themselves bound by the decision in Northern Joint Police Board v Power [1997] I.R.L.R. 610 [where it was held that English and Scottish were separate racial groups]. B appealed, arguing that "English" and "Scottish" were not distinct racial groups for the purpose of the Act and as such could not be relied upon by S. B also argued that the phrase "national origins" meant no more than the nationality acquired by S upon his birth.
Held, refusing the appeal, that the employment tribunal and Employment Appeal Tribunal were correct in holding that S could claim racial discrimination on the grounds that he was English under the phrase "national origins", it being much more than "nationality" in the legal sense. There could be racial discrimination within Great Britain on the basis of a person being of Scottish or English national origin, but S could not bring his claim on the basis of his ethnic origins, neither English nor Scottish being an ethnic group in the terms of the Act.
However, if you were to ask me whether "Anyone But England" t-shirts are actually racist, I would answer no. On the same logic, a shirt displaying a preference for one particular country to win would be equally racist as one displaying a preference for one particular country to lost. However, I would agree that there's a possibility they could incite racial hatred, and that withdrawing them was a good decision.