The Hate Crime and Public Order (Scotland) Act 2021, Scotland’s contentious new hate crime law, took effect on Monday. The purpose of this law is to consolidate existing hate crime laws, as well as introduce several new offenses, chiefly criminalizing ‘threatening or abusive behaviour which is intended to stir up hatred.’ Notably, the crime of stirring up racial hatred has been a punishable act since 1986. This law now applies to all protected characteristics, including disability, race, religion, sexual orientation, gender identity, and varying sexual characteristics. However, its anticipated impact on freedom of speech, and the question of law enforcement presence, has raised considerable concern. Hate Crime and Public Order (Scotland) Act 2021 | Scottish Government – New hate crime laws come into force
This Act not only combines existing law regarding crimes deemed to be ‘aggravated by prejudice’ and racially aggravated harassment but also obviates the common law crime of blasphemy, which no one has been prosecuted for in over 175 years. The most severe penalty laid out in this law is seven years imprisonment. First Minister Humza Yousaf has reassured that there is a ‘very high threshold’ for prosecution. He refers to the Act’s ‘triple lock’ on freedom of expression, which includes the Part 3(4) defense of reasonableness, compatibility with the European Convention on Human Rights (ECHR), and a mandate for explicitness.
The Act has been criticised for failing to extend this criminalisation to hatred towards women, protecting gender identities while excluding sexual identities. The Misogyny and Criminal Justice in Scotland Working Group fronted this complaint, which suggested integrating a new law to combat misogyny. An amendment was proposed to verify sex as a protected characteristic, however, it did not achieve legislative approval. The act was defended by Scotland’s First Minister, Humza Yousaf, countering that much of the criticism came from misinformation spread on various platforms Guardian – Humza Yousaf criticises disinformation over new Scottish hate law .
Anticipating the rise of criminal activity on social media following the enactment of this law, several concerns about requisite police training have also arisen. The enactment of such policies worldwide prompts vital discussions about what constitutes a criminal offense, what protections should exist for freedom of speech, and how best to anticipate and accommodate shifts in criminal activity in the increasingly digital age.