Much-maligned hate crime act could represent a victory for free speech

Sir, – I must say, reactions to the hate crime act now in force in Scotland have been instructive.

The legislation it replaces sought to tackle racist hate crime, and the update adds characteristics including religion, disability, transgender identity and sexual orientation.

While homophobia, ableism and religious bigotry have sadly always been with us, the real issue for those opposing the act seems to be what might euphemistically be described as freedom to express gender-critical beliefs.

But let’s call it out for what it is – transphobic bullying.

Having exploded on social media in recent years, this now risks spilling over into real life.

At the heart of this is gender ideology, a concept rooted in conservative Catholic teaching, suggesting traditional family values are under attack from feminism and gay rights.

From this springs the view that women’s place in society is ultimately defined by our bodies, which makes the existence of trans women mightily inconvenient.

I struggled to understand how folk expressing gender-critical beliefs could claim to be fighting for women’s rights, until I remembered “protecting women and children” is a tactic as old as time when it comes to attacking minorities.

This is a deeply unfeminist tactic, depending as it does on the portrayal of women as damsels in distress, but first and foremost it’s an easy way of demonising people who often simply aren’t like us.

Regarding the hate crime act, the main question in my mind is will it work, and I have my doubts.

As perfectly demonstrated by a certain children’s author, many of those engaged in online bullying will view the act as a challenge, to see how far they can push their behaviour while staying within the letter of the law.

The other question is does it threaten free speech? That’s where I feel more reassured.

Freedom of expression, including the right to express information or ideas that offend, shock or disturb is protected within the act, and if it does actually succeed in reducing incidents of hate speech and hate crime it could give a voice to people who have previously felt silenced. That really would be a victory for free speech.