The point is that you start to think how your words could be taken, not just assume people magically know your intent. Yes people should consider your intent as part of how they parse your words, but you are the one talking, it's up to you to do your best to make sure that your communication is clear and as free from the possibility of misunderstanding as possible.

The reality is that there are people out there who say things with the intent to create hate or to hurt people, they then claim that "I was misunderstood". That is not good enough and this law makes that very clear, You are responsible for what you say, if you can't speak without being misunderstood, then maybe you should do everybody a favour and keep your mouth closed.