New hate crime law comes into effect today

THE Scottish Government’s controversial new hate crime law comes into effect today.

The Hate Crime and Public Order ( Scotland) Act was passed by MSPs in 2021, consolidating existing hate crime legislation and creating a new offence of stirring up hatred against protected characteristics, although sex has been omitted in favour of a standalone Bill designed to tackle misogyny.

A stirring up offence on the basis of race has been on the statute book in Scotland since 1986.

But the legislation has raised concerns about a potential chilling of free speech.

Prominent critics include author JK Rowling, podcaster Joe Rogan and Elon Musk, the owner of X – formerly Twitter.

The Act has also raised the ire of policing bodies, with the Scottish Police Federation ( SPF) claiming training for officers is not enough and the Association of Scottish Police Superintendents ( ASPS) raising concerns about the legislation being weaponised for political purposes.

ASPS warned vexatious complaints could be made against people based on their views by political opponents.

In a letter to Holyrood’s Justice Committee, they said the law could be “weaponised” by an “activist fringe” across the political spectrum.

But on Friday, First Minister Humza Yousaf said: “I would say to anybody who thinks they are a victim of hatred, we take that seriously, if you felt you are a victim of hatred, then of course reporting that to police is the right thing to do.

“If you’re thinking about making a a vexatious complaint, if you’re thinking about making a complaint and there’s no merit in that, then do know that the police will take that serious in terms of tackling vexatious complaints and so I would urge you not to do it.”

The First Minister has repeatedly said there is “disinformation” being spread about the Bill and what it entails, claiming there is a “triple lock” of protection for speech.