You should maybe read the law.
Part 2 Section 3, 32: […] It provides that it is an offence for a person to behave in a threatening, abusive or insulting manner, or communicate threatening, abusive or insulting material to another person, with either the intention to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or where it is a likely consequence that hatred will be stirred up against such a group.
It’s talking about likely consequence not after a crime has been committed. Also:
Part 2 Section 5, 47: Section 5(1) creates an offence of possession of racially inflammatory material. It provides that it is an offence for a person to have in their possession threatening, abusive or insulting material with a view to communicating the material to another person, with either the intention to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or where it is likely that, if the material were communicated, hatred will be stirred up against such a group.
Which makes possession of inflammatory material an offence. Which is rather murky on it’s own, but even more so in digital age.
Later it quite literally defines on which terms it’s permissive to discuss sexual orientation or religion.
To be fair, maybe I missed something so feel free to correct me:
Sorry I’m bad at reading facial expression over the internet. My mistake.
I literally quoted the law: “where it is a likely consequence that hatred will be stirred up against such a group.”
That goes beyond what you claim. While even a possession of such speech would be an offence.