Critics concerned about impact on expression as Scotland implements hate crime legislation
Scotland‘s introduction of the Hate Crime and Public Order (Scotland) Act on 1 April has sparked intense discussion regarding its implications for freedom of speech. Authored with the aim of enhancing protection for victims and communities by consolidating existing hate crime legislation, the law introduces a new offence related to stirring up hatred on various grounds, including age, disability, and gender identity. This development follows the law’s contentious passage through Holyrood, prompting amendments to strengthen freedom of speech safeguards in response to concerns from diverse groups.
Despite the government’s assurance that the legislation strikes a balance between victim protection and freedom of expression, the omission of misogyny as a specific category has been met with disappointment. An independent working group had recommended addressing misogynistic abuse more directly, but plans for such measures remain under wraps.
Criticism of the law primarily revolves around fears that it could be misused to target individuals based on their expressed views, especially concerning gender identity debates. High-profile figures, including SNP MP Joanna Cherry and author JK Rowling, have been cited as potential targets for complaints under the new regulations. These concerns underscore broader anxieties about the law’s possible chilling effect on free discourse, alongside the practical challenges police face in navigating the complex terrain of hate crime allegations without adequate training.
Scotland’s Justice Secretary, Humza Yousaf, has reiterated the high prosecutorial threshold under the act and the incorporation of a “triple lock” mechanism to protect free speech, aligning the legislation with human rights standards. Yet, the practice of recording “non-crime hate incidents” — actions perceived as hateful but not criminally prosecutable — has further fueled debate over the act’s potential to impinge on free expression, prompting a review of police procedures in light of concerns over their impact on lawful speech.
As Scotland ventures into this new legislative landscape, the balance between combating hate crimes and safeguarding freedom of speech remains a contentious issue, with implications for the broader social and political discourse in the country
