Scottish law comes into force
On 1 April, a new law came into effect in Scotland. The Scottish government says the aim of the law is to protect people from harm caused by hatred.
What is it?
The Hate Crime and Public Order
Act was approved by Scotland’s parliament in 2021 and has now become law. Under the new law, it is now a crime to “stir up hatred” against someone because they have certain characteristics. These include age, disability, religion and sexual orientation (who a person is attracted to). In England, Wales and Scotland, it is already illegal to be hateful towards a person or group because of disability, race, religion or sexual orientation. Scotland’s new law includes more characteristics that are protected.
Why has it been introduced?
The Scottish government said the law against “stirring up hatred” is to give people stronger protection against hatred and prejudice (unfair negative attitudes towards someone). Supporters say it will help people feel safer. Adam Stachura, from the charity Age Scotland, told The Guardian newspaper that the law is to tackle “significant acts of hate because of who you are”, such as being shouted at in the street because of your age or skin colour. However, critics say the phrase “stirring up hatred” is too vague and unclear and could be used to restrict free speech unfairly (see panel above) and stop people from expressing their opinions. They also say police could be overwhelmed by hundreds of people reporting cases of hatred.
What have politicians said?
Humza Yousaf, the First Minister of Scotland, said that under the new law offences will have to be serious before they are considered crimes. He said, “Behaviour has to be threatening or abusive and intended to stir up hatred.” Rishi Sunak, the UK Prime Minister, said, “What I do support very strongly is people’s right to free speech.”