Scottish government yields to criticism of proposed new Hate Crimes Bill and threat to free speech

The Scottish government has announced that it will look again at the proposed controversial hate crime legislation in Scotland. This follows a significant backlash over threats to freedom of speech that would have been the result of the legislation being introduced in its current form. As reported recently in Transceltic an open letter signed by individuals and organisations from the world of arts, journalism, literature, comedy, politics and human rights advocacy raised concerns about the Hate Crime Bill. 

The letter pointed out that: "The unintended consequences of this well meaning bill risk stifling freedom of expression, and the ability to articulate or criticise religious and other beliefs." It goes on to say: "The right to critique ideas, philosophical, religious and other must be protected to allow an artistic and democratic society to flourish." There have also been concerns that the laws on possessing "inflammatory material" could even lead to libraries and bookshops being prosecuted for stocking books that are deemed to be offensive.

The clear problem with the Hate Crime Bill in Scotland as it was proposed was the unintended consequences of a bill that it seriously risked stifling freedom of expression. The legislation as it was proposed was quite nebulous in its wording, for example that  prosecution could follow if it was deemed that someone had stirred up hatred offences whether they intended it or not. So that it may be that a decision could be made to prosecute on the basis that something said or written could cause offence. 

Who would make that decision remains to be seen given that the term offense can be seen as subjective and what is offensive to one person might not necessarily offend another. It is also clear that the operation of this aspect of the hate bill could have been used to prosecute what are entirely legitimate acts of expression. Indeed curtail the right to criticise political, religious and business organistations, or just as bad make people fearful of making criticisms. However, although the Scottish government has yielded in the face of the backlash to the bill, there remains concerns that simply changing the more controversial wording of the bill will not go far enough to satisfy opponents. The Scottish government has suggested that they will seek a consensus before changing the wording of the bill. 

Image: Burnt books