All s-peachey

"Freedom of speech and belief are at an end in Scotland". The dramatic statement of a controversial writer. The reason? A new law on hate speech that has divided opinion in her country.

Although JK Rowling is still mostly known around the world for her books, in the UK she has long been an opponent of transgenderSomeone whose gender identity (what they feel inside) does not match the gender identity they were assigned at birth (based on their biology). women having access to women's services.

On Monday she put out a series of tweets referring to various transgender women with male pronounsA word referring to a person and functioning as a noun, such as he/him or she/her. While these are the two most common sets of pronouns, some people prefer non-gendered terms like they/them or xe/xyr.. She then challenged the police to arrest her if doing so was now illegal.¹

What is new about the Act? "Stirring up hatred" against vulnerable people was always illegal. However, the new Scottish law makes it easier to convict people of this.²

Supporters of the law say it takes free speech into account. It makes reference to Article 10 of the European Convention on Human RightsAn international convention to protect rights and freedoms in Europe. It was written in 1950 and entered into force in 1953., which protects "ideas that offend, shock or disturb".³

But Scottish minister for Victims and Community Safety Siobhan Brown said that social media posts could be investigated under the new law.⁴

Critics point out that it does not provide protections against hate speech on grounds of sex - although the Scottish government says it is developing a separate law against misogynyHatred of or discrimination against women. The term comes from the Ancient Greek "miso", meaning "hate", and "gyne", "woman"..

Others are worried about a blurring of the category of crime. Even if the police do not take any action over an event or a social media post, they can still register it as a "hate incident".

That means a person can still have a report hanging over them even if they are not accused of a crime.

And still others think it gives the government too much power to invade people's privacy. They say it could criminalise things people say in their own homes and to their own families - although defenders of the law say that since many transgender and non-binarySomeone who does not identify as a boy or a girl. people experience abuse in the family, this could be a good thing.⁵

Are hate laws going too far?

Yes: Hate laws have a noble purpose, but they end up criminalising debate over sensitive issues. People must be free to speak their minds.

No: These laws are a lifeline for some of the most vulnerable communities in our society. To avoid being prosecutedThe start of legal proceedings that aim to prove that someone has committed a crime. under them it is only necessary not to be hateful.

Or... The problem with this law might be that there is too much uncertainty over what now is and is not criminal. People might err on the side of caution and not exercise their speech rights. The answer would be to make its terms clearer.