What are the proposed changes to Scotland’s hate crime laws?

Offences are currently aggravated by prejudice against a victim’s race, religion, disability, sexual orientation or their transgender identity.

Verbal abuse – including online – assault and damage to property are included, with the aggravation adding to the seriousness of offence and disposal.

The Scottish Government’s proposed legislation would add the characteristic of age, with the potential to include sex at a later date so misogynistic harassment can become a standalone offence.

If passed by Parliament, the Hate Crime Bill will also make “stirring up of hatred” extend to all the characteristics.

The proposed changes follow a review of hate crime legislation by Lord Bracadale, in which he recommended age and gender should be incorporated into law.

The definition of transgender identity has been updated and a separate category created for variations in sex characteristics.

The expansion of the ‘stirring up hatred’ offence is the aspect of the Bill which has come under most criticism, with concerns it could stifle freedom of expression.

Currently, the offence of ‘stirring up hatred’ only offers protection in respect to race, but under the new legislation this will be expanded to include the characteristics of age, disability, religion, sexual orientation, transgender identity and variation in sex characteristics.

It would be an offence to behave in a threatening, abusive or insulting manner, or to communicate threatening, abusive or insulting material to another person where in doing so, the person intends to stir up hatred against a group of people by reference to race, colour, nationality (including citizenship), or ethnic or national origin.

This would also apply in cases where the behaviour or communications are “likely” to result in hatred being stirred up.

Directors of performances or plays, in addition to the performer, could be prosecuted, as could those possessing inflammatory material such as on a sign, through website blogs, podcasts or social media, either directly, or repeating material that originates from a third person.

There are protections in place, for example, when a person is in possession of the material for the purpose of alerting a journalist or where a person does not know and could not reasonably have known they were in possession of it, such as postal workers.

The powers contain provisions on freedom of expression provided that behaviour or material is not to be taken as threatening or abusive solely on the basis that it involves or includes discussion or criticism of religion or religious practices.

Although gender will not be included, a working group will be set up at the “earliest date possible” to look at creating a new offence.

It will look at how criminal law deals with misogyny, including whether there are gaps in legislation that could be filled with a specific offence of misogynistic harassment.

The group will also consider whether a statutory aggravation and/or stirring up of hatred offences in relation to the characteristic of sex should be included within hate crime law.

Another key change would see blasphemy decriminalised in Scotland – an offence for which no individual has been prosecuted since 1843.

The Scottish Parliament’s justice committee launched a call for views earlier this year on the Scottish Government’s plans to update hate crime laws, with a closing date for submissions set for Friday.