Scotland's new hate crime law has come into force, with JK Rowling and Elon Musk among its critics.
The Harry Potter author and the owner of social media platform X both claim the legislation could harm free speech.
Senior police officers say they expect a flood of complaints about online posts.
But the Scottish government insists the law provides protection from hate and prejudice without stifling individual expression.
“I think there has been a lot of misinformation,” about the legislation, said the Victims and Community Safety Minister Siobhian Brown, before going on to claim, inaccurately, that it was ‘passed unanimously’ by
MSPs in 2021.
In fact the law was approved by 82 votes to 32 with four abstentions after heated debate about its contents. The Hate Crime and Public Order (Scotland) Act 2021 creates a new crime of ‘stirring up hatred’ relating to age, disability, religion, sexual orientation, transgender identity or being intersex.
The maximum penalty is a prison sentence of seven years. A person commits an offence if they communicate material, or behave in a manner, ‘that a reasonable person would consider to be threatening or abusive,’ with the intention of stirring up hatred based on the protected characteristics.
Stirring up hatred based on race, colour, nationality or ethnicity was already illegal in Great Britain under the Public Order Act 1986 but, in an attempt to streamline the criminal law in Scotland, that too is now part of the Hate Crime Act.
The bar for this offence is lower than for the other protected characteristics, as it also includes ‘insulting’ behaviour, and as the prosecution need only prove that stirring up hatred was ‘likely’ rather than ‘intended’.
In England and Wales stirring up hatred over race, religion or sexual orientation by threatening behaviour remains illegal. The hate crime law in Scotland includes more protected characteristics.