Scotland's hate crime law comes into force as critics warn it will stifle speech

The legislation expands protections and creates a new charge of “incitement to hatred.” "Harry Potter" author J.K. Rowling criticized the law for leaving out women and said it was "widely open to abuse." Sweeping law targeting hate speech came into force in Scotland on Monday, promising protection against threats and abuse, but sparking criticism that it could have a chilling effect on free speech.

The law, which was passed by the Scottish Parliament in 2021, extends protections to marginalized groups. and creates a new charge of “inciting hatred,” which makes it a criminal offense to communicate or behave in a way that “a reasonable person would consider threatening, abusive or insulting.”

A conviction can result in a fine and a prison sentence of up to seven years.

Protected categories such 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 1986 law. 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.

J.K. Rowling, the "Harry Potter" author who was criticized as transphobic for her comments on gender identity, said the law was "widely open to abuse by activists" and took issue with its omission of women .

Mrs. Rowling, who lives in Edinburgh, said in a lengthy social media post on Monday that the Scottish Parliament had placed "more value on the feelings of men who act out their idea of ​​femininity, even in a misogynistic or opportunistic way, than 'to the rights and freedoms of real women and men'. girls. "I am currently abroad, but if what I wrote here is considered a crime under the new law," she added, "I look forward to being arrested at my back to my birthplace. Scottish Enlightenment. » The new law has long enjoyed the support of Scotland's first minister, Humza Yousaf, but has sparked concerns about the effect it could have on free speech. Mr Yousaf, who was Scotland's justice secretary when the bill was passed, was asked directly on Monday about criticism from Ms Rowling and other opponents of the law.

“ This is not the Twitter font. It's not the activists, it's not the media. Thank goodness it’s not even politicians who ultimately decide whether a crime has been committed or not,” Mr Yousaf told Sky News. He said it would be up to "the police and the Crown to investigate, and the threshold for crime is incredibly high."

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