The government is considering a draft definition of anti-Muslim hatred which does not include the term “Islamophobia”.

The BBC has seen the form of words from the Islamophobia/Anti-Muslim hatred working group, which the government has taken to stakeholders for consultation.

Free speech campaigners have expressed concerns that protections for “Islamophobia” would mean it would not be possible to criticise the religion itself.

Members of the working group argue the definition protects individuals while avoiding overreach.

A working group was established in February to provide the government with a working definition of anti-Muslim hatred/Islamophobia.

They submitted their proposal to the government in October.

The definition will be non-statutory, meaning it is not set in law or legally binding, but will provide a form of words public bodies can adopt.

It provides guidance to the government and other bodies on what constitutes unacceptable treatment of Muslims, aiming to help them better understand and quantify prejudice and hate crimes against this group.

The draft definition is: “Anti-Muslim hostility is engaging in or encouraging criminal acts, including acts of violence, vandalism of property, and harassment and intimidation whether physical, verbal, written or electronically communicated, which is directed at Muslims or those perceived to be Muslims because of their religion, ethnicity or appearance.

“It is also the prejudicial stereotyping and racialisation of Muslims, as part of a collective group with set characteristics, to stir up hatred against them, irrespective of their actual opinions, beliefs or actions as individuals.

“It is engaging in prohibited discrimination where the relevant conduct – including the creation or use of practices and biases within institutions – is intended to disadvantage Muslims in public and economic life.”

The working group met last week to consider changes from the Ministry of Housing, Communities and Local Government.

The BBC understands one area of debate is around the use of the word “racialisation” in the definition.

Baroness Gohir, who sits on the working group, said their submission achieves “the right balance” by “safeguarding individuals while avoiding overreach”.

“The definition also recognises that Muslims are frequently targeted not only for their beliefs but also because of their appearance, race, ethnicity, or other characteristics,” she said.

“Including the element of racialisation validates these lived experiences.”

The Free Speech Union is concerned that any definition of anti-Muslim hatred could infringe on free speech and possibly introduce a blasphemy law through the back door.

Conservative peer Lord Toby Young, the campaign group’s director, said: “The definition is unnecessary because it’s already a criminal offence to stir up religious hatred and unlawful for employers or service providers to discriminate against people on the basis of their religion or belief.

“Granting Muslims additional protections not extended to people of other faiths will have the effect of increasing anti-Muslim hostility, not reducing it.”

Former Attorney General Dominic Grieve, who chairs the working group, is adamant the form of words does not remove the right to free speech.

Mr Grieve said: “The review done by the working group is within a framework that makes it clear that no definition of anti-Muslim hatred should have an adverse impact on freedom of expression under law including the right to criticise Islam and its practices.

“The working group has been mindful of this at all times in the advice it is giving to government.”

A spokesperson for the Ministry of Housing, Communities and Local Government said they do not comment on leaks.

“With all hate crime on the rise and anti-Muslim hate incidents at a record high, we are tackling hatred and extremism wherever it may occur,” the spokesperson said.

“We will always defend freedom of speech, this remains at the front of our minds as we carefully consider the recommendations.”

There was a 19% increase in religious hate crimes targeted at Muslims last year, with a spike after the Southport murders and riots that followed last summer, according to Home Office figures.

Labour had promised to introduce a new definition of Islamophobia, after the last Conservative government rejected a cross-party proposal in 2019.

The All-Party Parliamentary Group on British Muslims had defined Islamophobia as “rooted in racism” and “a type of racism that targets expressions of Muslimness or perceived Muslimness”.

Critics had argued this definition was too vague and could inhibit freedom of speech.

The new draft definition being considered by the government differs from this previous proposal, which was adopted by the Labour Party in 2019 when it was in opposition.