Scotland’s new hate crime law has been put into effect but critics fear it may limit free speech, while senior police officials expect a surge in complaints about online content.
The Scottish government defends the law, arguing that it safeguards against hate and prejudice while allowing for individual expression. However, Victims and Community Safety Minister Siobhian Brown’s claim that the law was unanimously passed in 2021 is inaccurate. It was approved with 82 votes to 32 and four abstentions after heated debates.
The Hate Crime and Public Order (Scotland) Act 2021 introduces a new offense of “stirring up hatred” concerning various protected characteristics, with a maximum penalty of seven years’ imprisonment.
The law prohibits communicating material or behaving in a manner deemed threatening, abusive, or insulting with the intent to incite hatred based on protected characteristics. While similar offenses were already illegal in England and Wales under the Public Order Act 1986, Scotland’s law expands the scope by including “insulting” behaviour and requiring only a likelihood, rather than intent, to incite hatred.
Kevin O’Sullivan and Alex Phillips speak with former columnist for The Scottish Herald, Donald McLeod and The Sun’s political columnist Trevor Kavanagh.
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