Scotland’s New Hate Crime Law Enacted Amid Controversy
The enactment of Scotland’s latest hate crime legislation has sparked criticism from prominent figures such as JK Rowling and Elon Musk. Both have expressed concerns that the law could encroach upon free speech rights.
Anticipating a surge in complaints regarding online content, senior police officials are bracing for the law’s impact.
However, the Scottish government maintains that the legislation is crucial for safeguarding against hate and prejudice while preserving individual expression.
Addressing misconceptions surrounding the law, Victims and Community Safety Minister Siobhian Brown clarified that it was not passed unanimously as previously claimed, but rather approved by a majority vote in 2021 after contentious debates.
The Hate Crime and Public Order (Scotland) Act 2021 introduces a new offense of “stirring up hatred” based on protected characteristics such as age, disability, religion, sexual orientation, transgender identity, or intersex status. Offenders could face a maximum prison sentence of seven years.
The law broadens existing legislation on stirring up racial hatred to include other protected characteristics, incorporating a lower threshold for offense, including “insulting” behavior, and requiring proof of likely rather than intended incitement of hatred.
Supporters of the hate crime law emphasize built-in safeguards aimed at protecting freedom of speech. These include provisions allowing a defense based on the reasonableness of actions and referencing Article 10 of the European Convention on Human Rights, which protects expressions that may offend, shock, or disturb.
According to Ms. Brown, conviction for a hate crime necessitates demonstrably threatening and abusive behavior, with a reasonable assumption of such conduct by others.