Experts debunk misinformation on Hate Crime Act

Critiques ‘ignore defences inbuilt into legislation’

TWO top law academics at Scottish universities have debunked a number of viral posts spreading misinformation about Scotland’s new hate crime legislation.

The Hate Crime Act came into effect on Monday and has sparked debate from a number of prominent figures, including JK Rowling, Elon Musk and Joe Rogan.

A protest also took place outside Holyrood earlier this week while Community Safety Minister Siobhian Brown said a “fake” complaint had been submitted in her name.

The National has spoken with both senior law lecturer at Glasgow Caledonian University Dr Nick McKerrell and law professor at the University of Glasgow James Chalmers about a number of posts spreading misinformation about the bill.

Elon Musk and Ian Miles Cheong doesn’t come close to the burden of criminality which is in the act, which is that you’ve got to be threatening or abusive in your comments and in Scots law that generally means you’d be causing alarm to the individual with your actions and your words.

“The section of the law which deals with stirring up hatred also gives a defence of being offensive, shocking or disturbing under freedom of expression which is protected under the European Convention on Human Rights.

“So in terms of jokes and so on that falls into that category of being offensive or shocking rather than causing fear or alarm to the individual.”

Joe Rogan

“What I think (Rogan) is referring to is a method of communication could be a stage show. It does include performance but it has to cause fear and alarm or be threatening and abusive which you would hope is not the purpose of any stage performance.

“It’s a misunderstanding of the definition and ignores the defences inbuilt into the hate crime law.”

JK Rowling