The Hate Crime and Public Order (Scotland) Act was passed by MSPs in 2021, creating a new offence of stirring up hatred based on protected characteristics – matching a similar offence of race already on the statute book.
The law – which also consolidates other hate crime regulations – has proven controversial since it was introduced by the Scottish Government, particularly around its potential impact on free speech.
This week, reports emerged the police could target performers under the Act, based on training undertaken by officers.
Speaking during First Minister’s Questions on Thursday, Humza Yousaf said: “There has been a lot of disinformation that has been spread on social media and some inaccurate media reporting, and indeed by our political opponents, so I’m hoping in this exchange we can shed more light than heat on what is actually in the Act as opposed to what is being said about it.”
Stirring up hatred offences, the First Minister said, were “nothing new in Scotland”, adding: “If I have the protection against somebody stirring up hatred because of my race – and that has been the case since 1986 – why on earth should these protections not exist for someone because of their sexuality, or disability, or their religion?”
The First Minister added there was a “very high threshold” to be met for prosecution.
Scottish Tory leader Douglas Ross said: “We opposed the legislation at the time and still oppose it now because of the impact it has on free speech for people across this country.”
He added that the Scottish Police Federation (SPF) said officers struggle to deal with “existing crime, let alone this new law”.
“Humza Yousaf has reduced officer numbers to the lowest level since Police Scotland was formed, now officers are being told to not investigate actual crimes, but instead they’ll have to look for the hate monster, police free speech,” he said.
“Criminals will be let off while innocent people are…
Read the full article here
