<h2 class="wp-block-heading eplus-wrapper">All s-peachey</h2>

"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.

And she claims the new law, known as the Hate Crime and Public Order Act, will infringe the free speech of activists on this issue.

That is why on Monday she put out a series of tweets referring to various transgender women with male pronouns. She then challenged the police to arrest her if doing so was illegal under the new law.¹

What is new about the Act? "Stirring up hatred" against vulnerable people was always illegal. However, the new Scottish law is broader. 

"Stirring up hatred" can now include "insulting" behaviour, and to be prosecuted under the law it is only necessary to show that the perpetrator's actions were "likely" to stir up hatred, not "intended" to do so.²

It also offers protections to a wider array of people. For the first time, prejudice on grounds of age, disability, religion, sexual orientation will be an offence, in addition to the new provisions on gender identity.

And it will make it easier to punish acts of violence that are accompanied by insults based on any of these characteristics.

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 and it allows those charged under the law to walk free if they can show that their actions were "reasonable".

They say it is unlikely to criminalise anything that was not already an offence. It simply makes it easier for victims to get justice when they face prejudice and violence.

Scottish minister for Victims and Community Safety Siobhan Brown said that while social media posts could be investigated under the new law, it would be at the discretion of the police.⁴

Critics say the law is a new front in a general effort to supplant the category of "sex" with that of "genderA person's gender identity (whether they feel like a man, woman or something else) is not the same as their biological sex (which is determined by genitals, hormones or chromosomes).". They 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 29% of LGBTStands for lesbian, gay, bisexual, and transgender. The initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. people in general and 43% of transgender and non-binarySomeone who does not identify as a boy or a girl. people specifically have experienced abuse from family members, 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 prosecuted 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.

Transgender - Someone whose gender identity (what they feel inside) does not match the gender identity they were assigned at birth (based on their biology).

European Convention on Human Rights - An international convention to protect rights and freedoms in Europe. It was written in 1950 and entered into force in 1953.

Gender - A person's gender identity (whether they feel like a man, woman or something else) is not the same as their biological sex (which is determined by genitals, hormones or chromosomes).

Misogyny - Hatred of or discrimination against women. The term comes from the Ancient Greek "miso", meaning "hate", and "gyne", "woman".

LGBT - Stands for lesbian, gay, bisexual, and transgender. The initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity.

Non-binary - Someone who does not identify as a boy or a girl.