{"id":15487,"date":"2024-04-01T23:32:40","date_gmt":"2024-04-01T23:32:40","guid":{"rendered":"https:\/\/news.talkwithrattan.com\/index.php\/2024\/04\/01\/scottish-hate-crime-law-takes-effect-as-critics-warn-it-will-stifle-speech\/"},"modified":"2024-04-01T23:32:40","modified_gmt":"2024-04-01T23:32:40","slug":"scottish-hate-crime-law-takes-effect-as-critics-warn-it-will-stifle-speech","status":"publish","type":"post","link":"https:\/\/news.talkwithrattan.com\/index.php\/2024\/04\/01\/scottish-hate-crime-law-takes-effect-as-critics-warn-it-will-stifle-speech\/","title":{"rendered":"Scottish Hate Crime Law Takes Effect as Critics Warn It Will Stifle Speech"},"content":{"rendered":"<div style=\"text-align:center\"><img loading=\"lazy\" decoding=\"async\" width=\"1050\" height=\"550\" src=\"https:\/\/i3.wp.com\/static01.nyt.com\/images\/2024\/04\/01\/multimedia\/01xp-scotland-wpml\/01xp-scotland-wpml-facebookJumbo.jpg?resize=1050,550&amp;ssl=1\" class=\"attachment-post-thumbnail size-post-thumbnail wp-post-image\" alt=\"Scottish Hate Crime Law Takes Effect as Critics Warn It Will Stifle Speech\" title=\"Scottish Hate Crime Law Takes Effect as Critics Warn It Will Stifle Speech\" \/><\/div><p> <br \/>\n<\/p>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">A sweeping law targeting hate speech went into effect in Scotland on Monday, promising protection against threats and abuse but drawing criticism that it could have a chilling effect on free speech.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The law, which was passed by the Scottish Parliament in 2021, expands protections for marginalized groups and <a class=\"css-yywogo\" href=\"https:\/\/www.legislation.gov.uk\/asp\/2021\/14\/part\/3\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">creates a new charge<\/a> of \u201cstirring up hatred,\u201d which makes it a criminal offense to communicate or behave in a way that \u201ca reasonable person would consider to be threatening, abusive or insulting.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">A conviction could lead to a fine and a prison sentence of up to seven years.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The protected classes as defined in the law include age, disability, religion, sexual orientation and transgender identity. Racial hatred was omitted because it is already covered by a law from 1986. The new law also does not include women among the protected groups; a government task force has recommended that misogyny be addressed in separate legislation.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">J.K. Rowling, the \u201cHarry Potter\u201d author who has been criticized as transphobic for her <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2023\/02\/09\/arts\/hogwarts-legacy-jk-rowling.html\" title=\"\">comments on gender identity<\/a>, said the law was \u201cwide open to abuse by activists,\u201d and took issue with its omission of women.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Ms. Rowling, who lives in Edinburgh, <a class=\"css-yywogo\" href=\"https:\/\/twitter.com\/jk_rowling\/status\/1774749954629652873?s=20\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">said in a lengthy social media post<\/a> on Monday that Scotland\u2019s Parliament had placed \u201chigher value on the feelings of men performing their idea of femaleness, however misogynistically or opportunistically, than on the rights and freedoms of actual women and girls.\u201d\u201cI\u2019m currently out of the country, but if what I\u2019ve written here qualifies as an offense under the terms of the new act,\u201d she added, \u201cI look forward to being arrested when I return to the birthplace of the Scottish Enlightenment.\u201dThe new law has long had the support of Scotland\u2019s first minister, Humza Yousaf, but it has raised concerns about the effect it might have on free speech. Mr. Yousaf, who was Scotland\u2019s justice secretary when the bill was passed, was asked directly on Monday about the criticism from Ms. Rowling and others who oppose the law.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cIt is not Twitter police. It is not activists, it is not the media. It is not, thank goodness, even politicians who decide ultimately whether or not crime has been committed,\u201d Mr. Yousaf <a class=\"css-yywogo\" href=\"https:\/\/x.com\/SkyNews\/status\/1774766223303078296?s=20\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">told Sky News<\/a>. He said that it would be up to \u201cthe police to investigate and the crown, and the threshold for criminality is incredibly high.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The law was introduced after a 2018 <a class=\"css-yywogo\" href=\"https:\/\/www.gov.scot\/publications\/independent-review-hate-crime-legislation-scotland-final-report\/\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">study by a retired judge<\/a> recommend consolidating the country\u2019s hate crime\u2019s laws and updating the Public Order Act of 1986, which covers Britain and Northern Ireland. Scotland\u2019s Parliament approved the new law 82-32 in March 2021. <\/p>\n<p class=\"css-at9mc1 evys1bk0\">Supporters of the legislation have spent years rallying support for it, saying it is crucial to combating harassment.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cWe know that the impact on those on the receiving end of physical, verbal or online attacks can be traumatic and life-changing,\u201d Siobhan Brown, Scotland\u2019s minister for victims and community safety, said in a statement celebrating the law. \u201cThis legislation is an essential element of our wider approach to tackling that harm.\u201d<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">But there has been fierce pushback against the law, including from Ms. Rowling, and the Scottish Conservative Party, whose leader, Douglas Ross, told Mr. Yousaf <a class=\"css-yywogo\" href=\"https:\/\/www.youtube.com\/watch?v=fe92lHUSnF8\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">during first minister\u2019s questions<\/a> on March 14 that \u201cthe controversial new law is ripe for abuse.\u201d In a separate questions exchange on March 21, Mr. Ross said that the law was \u201cdangerous and unworkable\u201d and that he expected it to <a class=\"css-yywogo\" href=\"https:\/\/www.bbc.com\/news\/uk-scotland-scotland-politics-68624949\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">\u201cquickly descend into chaos.\u201d<\/a><\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cPeople like J.K. Rowling could have police at their door every day for making perfectly reasonable statements,\u201d he said.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Yousaf, who is of Pakistani descent, has cited the 1986 law as proper precedent for the new bill.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cIf I have the protection against somebody stirring up hatred because of my race \u2014 and that has been the case since 1986 \u2014 why on earth should these protections not exist for someone because of their sexuality, or disability or their religion?\u201d he told Parliament on March 21.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The issue of how the Scottish government <a class=\"css-yywogo\" href=\"https:\/\/www.gov.scot\/groups\/misogyny-and-criminal-justice-in-scotland-working-group\/\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">should handle misogyny<\/a> has been examined by a government-commissioned task force, which recommended in 2022 that protections for women be added in a separate bill with elements similar to the hate crimes bill that was passed the previous year.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">The first minister at the time, Nicola Sturgeon, <a class=\"css-yywogo\" href=\"https:\/\/www.gov.scot\/news\/first-minister-welcomes-kennedy-recommendations\/\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">welcomed the report<\/a>, promising that her government would give it full consideration. Mr. Yousaf, her successor, has also indicated his support, but there has been no serious movement in Parliament yet.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<p><script async src=\"\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A sweeping law targeting hate speech went into effect in Scotland on Monday, promising protection against threats and abuse but drawing criticism that it could have a chilling effect on free speech. The law, which was passed by the Scottish Parliament in 2021, expands protections for marginalized groups and creates a new charge of \u201cstirring [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":15488,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":"","fifu_image_url":"https:\/\/static01.nyt.com\/images\/2024\/04\/01\/multimedia\/01xp-scotland-wpml\/01xp-scotland-wpml-facebookJumbo.jpg","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[2187,3609,8814,14387,3444,9533,509,14481,1074,123],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/15487"}],"collection":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/comments?post=15487"}],"version-history":[{"count":1,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/15487\/revisions"}],"predecessor-version":[{"id":15489,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/15487\/revisions\/15489"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/media\/15488"}],"wp:attachment":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/media?parent=15487"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/categories?post=15487"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/tags?post=15487"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}