Scottish First Minister Humza Yousaf speaks during Prime Minister's Questions (FMQ) at the Scottish Parliament in Holyrood, Edinburgh, Scotland, Thursday, March 28, 2024. (Jane Barlow/Pennsylvania, via AP)
LONDON (AP) – New laws against hate speech come into force in Scotland on Monday and are praised by some, but their sweeping provisions could criminalize religious views and tasteless jokes. Some people criticize it for its sexual nature.
The Hate Crime and Public Order (Scotland) Act makes it an offense to incite hatred by threatening or abusive behavior on the basis of characteristics such as age, disability, religion, sexual orientation or transgender identity. Racial hatred was already prohibited by a 1986 law.
The maximum penalty is seven years in prison.
The law does not specifically prohibit hatred against women. The Scottish Government has said it will address the issue with separate legislation against misogyny in the future.
Scottish Victim and Community Safety Minister Siobhan Brown said the new laws would help build society. “A safer community without hate and prejudice.”
“We know that the impact on victims of physical, verbal or online attacks can be traumatic and life-altering.” she said. “This legislation is an essential element of our broader approach to addressing that harm.”
Critics argue that the law will have a chilling effect on free speech and make people afraid to express their opinions. The bill was passed by the Scottish Parliament nearly three years ago but has been delayed by disputes over its implementation.
Veteran human rights activist Peter Tatchell said the law was well-intentioned but vague. “Subjective interpretation” Clarify what constitutes abuse and allow people to report suspected crimes anonymously.
The Scottish National Party-led government in Edinburgh says the law includes freedom of speech protections and includes specific guarantees that people can continue to speak out. “ridicule or insult” religion.
“The criminal threshold for new crimes is certainly very high.” Prime Minister Humza Yousaf said: “Your actions must be threatening or abusive and intended to incite hatred.”
“Harry potter” JK Rowling, the author who called out the law “That's ridiculous.” Some critics say it could be used to silence the so-called. “Gender Critical” Feminists argue that trans women's rights should not be realized at the expense of trans women who are biologically born female.
In a series of posts about X, Rowling referred to several prominent trans women as men. In some circumstances, misgendering could become a crime under the new law.
“I am currently abroad, but if what I have written here constitutes a crime under the terms of the new law, I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment.” .” Rowling wrote.
Scottish National Party MP Joanna Cherry, another critic of the law, said: “If you're a woman, you have a right to be concerned.”
“Biological sex is not included as a protection in this law, even though women are one of the most abused groups in our society.” She wrote in a national newspaper:
Meanwhile, police organizations fear the law will lead to a flood of reports of online abuse.
Scottish Police Federation general secretary David Kennedy said the legislation had potential. “It wreaks havoc on trust in the police.” And the Scottish Police and Superintendent's Association has written to MPs expressing concerns about the potential application of the legislation. “Weaponized” by “A faction of activists.”
The legislation is the latest example of Scotland's semi-autonomous government, led by the pro-independence SNP, splitting from the Conservative government in London. In 2022, the Scottish Parliament passed legislation allowing people to change their legally recognized gender by self-reporting, without the need for medical certification.
The Gender Recognition Bill was vetoed by the UK government, which argued that it contravened UK-wide equality laws, which guarantee women and girls access to same-sex-only spaces, such as changing rooms and shelters, among other things.
