04/10/2024

Inside and Outside its Borders, Scotland’s Hate Speech Law Ignites a Culture War

The law has been targeted by famous author J.K. Rowling

A new Scottish law that criminalizes the "stirring up of" hatred against some groups has triggered a debate far beyond its borders, pitting human rights activists who say it’s needed against a rising tide of harassment and violence against conservative celebrities and politicians who say the law threatens free speech.

Scotland's law, enacted last week, makes it an imprisonable offense to incite hatred on the basis of race, religion, transgender identity, sexual orientation, age or disability.

"If... it's intended to stir up hatred because of their membership of that group, then that is a criminal offense," said Nick McKerrell, a senior law lecturer at Glasgow Caledonian University, in a telephone interview Monday. In Scotland, prosecutors recorded 1,884 hate crime charges relating to sexual identity in 2022-23 — representing an eighth consecutive year-on-year increase — in addition to 55 charges relating to transgender identity.

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