I’ll look forward to being arrested
Defiant JK Rowling attacks hate crime laws with blast at ‘April Fools’ in Scottish Govt
JK ROWLING has launched a blistering attack on the new hate crime laws that came into force in scotland yesterday.
The Harry Potter author – a frequent critic of the Scottish Government’s stance on transgender rights – warned the legislation was “wide open to abuse”.
In a series of messages shared with her 14million followers on social media, Rowling said: “Freedom of speech and belief are at an end in Scotland if the accurate description of biological sex is deemed criminal.
“I’m currently out of the country, but if what I’ve written here qualifies as an offence under the terms of the new act, I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment.”
Her message was posted after an SNP minister warned Scots “could be investigated” for misgendering someone online under the laws.
The Hate Crime and Public Order (Scotland) Act consolidates hate crime legislation and also creates an offence of stirring up hatred against protected characteristics.
But critics have slammed SNP ministers for not including women as a characteristic entitled to protection under the law.
The Scottish Government is instead promising to bring forward legislation to tackle misogyny.
Humza Yousaf insisted yesterday he was “very proud” of the new laws, saying they would help protect against a “rising tide” of hatred.
The First Minister also said he is “very confident in Police Scotland’s ability to implement this legislation in the way it should”.
The SNP leader added: “Let’s remember of course that when it comes to stirring up offences of racial hatred, stirring up offences have existed since 1986, being policed with virtually no controversy whatsoever.”
Rowling argued on Twitter (now X) the legislation left campaigners open to being the subject of repeated complaints to the police.
She wrote: “It is impossible to accurately describe or tackle the reality of violence and sexual violence committed against women and girls, or address the current assault o n women’s and girls’ rights, unless we are allowed to call a man a man.”
She added the “legislation is wide open to abuse by activists who wish to silence those of us speaking out about the dangers of eliminating women’s and girls’ single-sex spaces”.
Her post ended with hashtags #ArrestMe #AprilFools and #HateCrimeActScotland.
Community safety minister Siobhian Brown was asked by the BBC whether misgendering someone on the internet was a crime under the new law.
She said: “It would be a police matter for them to assess what happens. It could be reported and it could be investigated – whether or not the police would think it was criminal is up to Police Scotland.”
The Ayr MSP added: “There is a very high threshold which is in the Act which would be up to Police Scotland, and what would have to be said online or in person would be threatening and abusive.”
Asked why women had not been included in the legislation, Brown said: “We’ll be going further for the protection of women through our misogyny Bill.”
Veteran human rights campaigner Peter Tatchell said the omission of women from the Scottish hate crime law was an “astonishing exclusion”. He said: “The big flaw in this Bill is it does not protect women against hate.
“There is no protection against misogyny and that is an astonishing exclusion because women are victims of incredible levels of hate and harassment.”
Yousaf has claimed “disinformation” about the legislation is being spread, saying it includes a “triple lock” of protection for speech.
This includes an explicit clause, a defence of the accused’s behaviour
being “reasonable” and the fact that the Act is compatible with the European Convention on Human Rights.
But Scottish Labour leader Anas Sarwar said misogyny should have been included in the new law. He said he would amend the Hate Crime Act but would not repeal it if he were first minister.
Sarwar said: “The biggest flaw in the Hate Crime Act is that misogyny was not included.
“That was an amendment that we had – sadly an amendment that was voted down. It was something we maintained throughout every stage and then in our manifesto as well that we would include misogyny in the act.
“I think the biggest challenge is that what parliament intended, and what parliament passed, is now flawed in
terms of its implementation and its messaging.
“The government has messed up the implementation, they’ve messed up the message and they haven’t adequately resourced our police officers.” About 300 people protested against the new law outside the Scottish Parliament yesterday.
A coffin bearing a sign reading “We hate hate crime laws” was decorated with masks resembling Yousaf and Green co-leader Patrick Harvie.
Nick Mitchell, 31, from Edinburgh, said he was prepared to face trial for his opposition to the new law, which sets a maximum seven-year prison term.
He said: “I’m not a racist or a transphobe but I call a spade a spade, and I’m prepared to go to jail for it.”
There is no protection against misogyny and that is an astonishing exclusion
PETER TATCHELL ON THE HATE CRIME LAW