The Daily Telegraph

Rowling is at risk after trans law, admits SNP

Harry Potter author could face ‘multiple complaints’ in wake of new legislatio­n

- By Raoul Simons

THE SNP has admitted trans campaigner­s could target JK Rowling with “multiple complaints” using new hate laws when they come into force on April 1.

Fulton Macgregor, an SNP MSP who sits on Holyrood’s criminal justice committee, said it was “possible” that the Harry Potter author will be the subject of police complaints under the legislatio­n.

He insisted such complaints would not “capture the essence and the spirit” of the Hate Crime and Public Order (Scotland) Act but conceded that they could still be made.

Humza Yousaf oversaw the passage of the legislatio­n at Holyrood in 2021, when he was Justice Secretary in Nicola Sturgeon’s government. However, it will not come into force until April 1 as Police Scotland said it needed time for training.

It creates a criminal offence of “stirring up of hatred”, expanding on a similar offence based on racist abuse that has been on the statute book for decades.

Offences are considered “aggravated”, meaning they could lead to stiffer sentences, if they involve prejudice on the basis of age, disability, race, religion, sexual orientatio­n or transgende­r identity.

But concerns have been expressed that the legislatio­n’s definition of a hate crime is too ambiguous, potentiall­y leading to a “chilling” effect on freedom of speech and a flood of vexatious complaints to police.

Mr Macgregor insisted the legislatio­n did not intend to curtail freedom of speech, but he admitted “deliberate­ly misgenderi­ng someone” could be deemed a crime.

Activists have already unsuccessf­ully attempted to have Rowling arrested under existing laws for “misgenderi­ng” after she publicly called India Willoughby, a transgende­r TV personalit­y, a male.

Roddy Dunlop KC, dean of Scotland’s Faculty of Advocates, responded to the admission that Rowling could be targeted by tweeting: “Dear God.”

Police Scotland has pledged that all complaints under the new legislatio­n will be investigat­ed.

Jo Farrell, the force’s chief constable, warned yesterday this could create a “resource implicatio­n” for the force. She said more than 500 officers had been designated “hate crime champions”.

Joanna Cherry KC, an SNP MP and feminist who has been highly critical of the Scottish Government’s gender policies, has said she had “no doubt” that the new laws “will be weaponised against women exercising their right to freedom of speech”.

In particular, she has suggested that trans activists have Rowling “in their sights”.

The author has regularly argued that trans women are not women and this week vowed to continue “calling a man a man” after this “ludicrous law” comes into force.

The Telegraph disclosed that attendees at an official Police Scotland hate crime event in February were presented with a scenario involving a character called Jo who thinks that sex is binary and bizarrely calls for transgende­r people to be sent to gas chambers.

Feminist groups claimed the character was a thinly veiled parody of Rowling, whose Christian name is Joanne and is called Jo by friends.

Asked by the BBC’S Newsnight programme whether multiple complaints could be made against Rowling, Mr Macgregor said: “It is possible that those complaints can be made … But I have faith that this law will be implemente­d properly in the spirit that is intended.”

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