Scottish Parliament to debate motion on repealing hate speech law

Members of the Scottish Parliament have tabled a motion to repeal the new hate crime law that critics view as hostile to free speech. The legal nonprofit ADF International announced in a statement Tuesday that an effort to repeal Scotland’s Hate Crime and Public Order Act was tabled by the Scottish Parliament.

Originally passed in an 82-32 vote in 2021, the legislation took effect on April 1. Since its passage, free speech advocates and critics have voiced concerns about the potential for the law to be abused to infringe on the freedom of expression.

Scottish police received more than 7,000 online reports of “hate crimes” in just one week after the law was enacted. Author J.K. Rowling was the subject of some complaints after she criticized the new law and called out biologically male trans-identified individuals on social media. Authorities will not bring charges against Rowling at this time.

One provision in the legislation establishes “offences of stirring up hatred.” Violators could face up to seven years in prison or a fine.

Lois McLatchie Miller, senior legal communications officer for ADF UK, stated, “It’s obvious that the ‘hate speech ban’ is completely unworkable according to democratic principles and must be repealed.” Miller contends that the bill’s language is “ambiguous” as it bans “stirring up hate” and leaves the law “wide open to abuse” because authorities could label and criminalize speech “they simply don’t like.”

The Scottish government sees the changes to the Hate Crime and Public Order Act as a positive force that will “provide greater protection for victims and communities.” Minister for Victims and Community Safety Siobhian Brown declared, “Nobody in our society should live in fear and we are committed to building safer communities that live free from hatred and prejudice.” Brown asserts that protections for freedom of expression “are built into the legislation passed by Parliament.”