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Hate crime law stirs up free speech controversy

21 March 2024135 views0

A new law will come into force on April 1 criminalising behaviour that involves threats or abuse with the intention of inciting hatred based on specific characteristics, such as age, disability, sexual orientation, and transgender identity.

The Hate Crime and Public Order (Scotland) Act “will add to the long-standing stirring up racial hatred offences, which have been in place since 1986.”

The Minister for Victims & Community Safety Siobhian Brown said:

“For those impacted by hatred and prejudice, the results can be traumatic and life changing. While we respect everyone’s right to freedom of expression, nobody in our society should live in fear or be made to feel like they don’t belong, and the Scottish Government is committed to building safer communities that live free from hatred and prejudice.”

Now SNP First Minister Humza Yousaf was the justice secretary who pushed the Hate Crime bill through the Scottish Parliament, saying it “sent a strong and clear message to victims, perpetrators, communities and to wider society that offences motivated by prejudice will be treated seriously and will not be tolerated.”

The new law has raised concerns about enforcement, as police officers have been provided with inadequate training and funding to handle the new stipulations, which some also argue are far too vague. According to the Police Scotland website, a ‘hate crime’ is to be defined as “any crime which is understood by the victim or any other person as being motivated, wholly or partly by malice or ill will towards a social group”.

Critics have also argued the bill could negatively impact the right to free speech. Some outlets have reported on leaked training material from Police Scotland that suggests the force could target performers, with officers advised that offending material could be communicated “through public performance of a play”. However, direct links to these sources were not provided.

It is, however, worth noting that many right-wing publications are also biased against the SNP as a whole, as it is a party that usually leans towards independence and left-leaning principles.