Not a lot of love for Scotland’s hate law
LONDON • A new law against hate speech came into force in Scotland on Monday, praised by some but criticized by others who say its sweeping provisions could criminalize religious views or tasteless jokes.
The Hate Crime and Public Order (Scotland) Act makes it an offence to stir up hatred with threatening or abusive behaviour on the basis of characteristics including age, disability, religion, sexual orientation and transgender identity. Racial hatred was already banned under a law dating from 1986.
The maximum sentence is seven years in prison.
The legislation does not specifically ban hatred against women. The Scottish government says that will be tackled by a separate forthcoming law against misogyny.
Scottish Minister for Victims and Community Safety Siobhian Brown said the new law would help build “safer communities that live free from hatred and prejudice.”
“We know that the impact on those on the receiving end of physical, verbal or online attacks can be traumatic and lifechanging,” she said. “This legislation is an essential element of our wider approach to tackling that harm.”
But critics argue that the law will have a chilling effect on free speech, making people afraid to express their views.
The legislation was passed by the Scottish Parliament almost three years ago but has been delayed by wrangling over its implementation.
Veteran human rights activist Peter Tatchell said the law was well-intended but vague, relying on “subjective interpretation” of what constitutes abuse and allowing people to report alleged offences anonymously.
The Scottish National Party-led government in Edinburgh says the legislation includes free speech protections, including a specific guarantee that people can still “ridicule or insult” religion.
“Harry Potter” author J.K. Rowling, who has called the law “ludicrous,” is among critics who say it could be used to silence what are known as “gender-critical” feminists, who argue that rights for trans women should not come at the expense of those who are born biologically female.
In a series of posts on X, Rowling referred to several prominent trans women as men. Misgendering could be an offence under the new law in some circumstances.
“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,” Rowling wrote.