Scotland’s new hate crime law, extending existing legislation, stirs debate. Passed in 2021, it faces criticism for potential censorship and free speech infringement. Catholic bishops and comedians express concerns.
Hate Crime Law: April 1 Rollout
Scotland’s Public Order Act 1986 already criminalized stirring up racial hatred through threatening, abusive, or insulting behavior. However, the Hate Crime and Public Order (Scotland) Act 2021 broadens the scope to include other protected characteristics such as age, disability, religion, sexual orientation, and transgender identity.
The bill, introduced in response to an independent review led by Lord Bracadale, was shepherded through Parliament by Humza Yousaf, Scotland’s first prime minister. However, concerns over potential censorship emerged, with the Catholic bishops of Scotland expressing apprehension about the impact on religious teaching and expression.
In response to these concerns, the bill includes provisions to protect religious freedom of expression, stating that discussion or criticism relating to religious beliefs or practices should not automatically be considered threatening or abusive.
Religion isn’t the public’s only concern though as now they want to guarantee the safety of actors and especially comedians, who quite literally rely on free speech for a living.
Involving Comedians
As Scotland’s Hate Crime Act comes into effect, Police Scotland vows to probe all hate crime complaints, potentially ensnaring comedians and performers. Critics fear a chilling effect on comedy and free speech.
Police training materials obtained by Scottish newspaper, The Herald, suggest that officers are advised to target stage performers and comedians under the new legislation.
The law intends to identify and criminalize behavior deemed prejudiced, including that arising from discussions about gender ideology, anti-semitism, and Islamophobia.
This move has sparked concerns within the comedy community, with fears that material deemed “threatening and abusive” under the Hate Crime Act could stifle artistic expression and humor.
As we all know, comedians are known for pushing the boundaries and would often talk about edgy topics and a lot of them aren’t exactly known for having “clean” punchlines.
Police Deny Targeting Actors and Comedians
Scotland’s Chief Constable Jo Farell say that police are being trained to enforce the new law in a measured way using their own discretion and common sense and reassures the public with,
Somebody’s view, while you might not like it or agree with it, does not become a criminal offence
Police Scotland refutes claims of targeting performers under hate crime laws. Training materials outline scenarios but do not instruct targeting.
They clarify that while training materials discuss various scenarios where offenses might occur, officers are not instructed to target specific individuals or groups.
Scottish Conservative Leader Douglass Ross is still however fearful that the new law might result in innocent people being prosecuted and that police already can’t handle existing crime happening so this might just be a “recipe for disaster”.
Yousaf described the controversy as being surrounded by “disinformation and inaccuracy” and the whole issue was wrongfully spread on social media by inaccurate reporting and by political opponents.
Global Criticism
X, or Twitter is a place completely filled with criticism but now the owner Elon Musk even voiced out concerns about preserving freedom of speech with the new legislation being passed.
An example of why it is so important to preserve freedom of speech https://t.co/xcuZLR1VX5
— Elon Musk (@elonmusk) March 19, 2024
J.K Rowling, writer of the highly acclaimed Harry Potter series is now being asked to take down some of her own posts to which she outright refuses to do.
If you genuinely imagine I’d delete posts calling a man a man, so as not to be prosecuted under this ludicrous law, stand by for the mother of all April Fools’ jokes.
The Telegraph also voiced out concerns that this new law could instead be stirring up “more hatred” instead of lessening it. Suzanne Moore, journalist for The Telegraph said,
Whatever the intention behind this legislation, it is already looking completely unworkable and, quite honestly, mad.
Even Joe Rogan, host of one of the biggest podcasts in the world The Joe Rogan Experience, said that the whole thing is outright ridiculous and brought the new law more attention in an international scale.
This is so ridiculous. What’s been explained to me by my friends in the UK. This government is on the way out and they’re out of their f***ing minds. These f***ing kooks have decided they’re going to target people and put them in jail. Jesus Christ Scotland, you have one of the biggest comedy festivals on earth, every year, it’s a huge comedy festival.
But what does this mean exactly for the Edinburgh Comedy Festival?
Edinburgh Festival
The Edinburgh Fringe Festival is one of the biggest comedy festivals and under this new hate crime law comes with public outcry that this year’s Fringe might be busier than usual but not because of comedy fans flocking to every stage but because of heavy police presence.
The Fringe would start on August 2 while the new law would be enacted on April 1, that is a mere 1 month of preparation and the public is concerned that it’s just not enough to iron out details and the requirements for prosecution.
The training materials for enforcing it is only a “two-hour online package”, and is not enough to tackle all the complexities of new offences. Scottish Police Federation David Kennedy say that performers who “push boundaries” could essentially be in trouble.
I would hope it wouldn’t get to the stage where police are questioning comedians after complaints about breaches of the hate crime law – but that is a possibility.
Scottish justice spokesman Russell Findlay said that,
It is deeply concerning to hear a senior policing figure issue a warning about the possible impact of Humza Yousaf’s hate crime law on the Fringe.
Comedians are already on their toes on what to perform for the Fringe because last year the creator of sitcom ‘Father Ted’ and ‘IT Crowd’, Graham Linehan was due for a performance in the Fringe only to have two venues cancel his shows because of a tweet he made in 2020 for saying that “men aren’t women”.
Again police clarify that these performers will not be “targeted” but they have been trained to spot breaches in this law and cannot guarantee that actors and comedians wouldn’t be affected.
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