Scotland has introduced a public information campaign to raise awareness of the Hate Crime and Public Order (Scotland) Act, which came into effect on 1 April. The Act criminalises threatening, abusive, or insulting behaviour intended to stir up hatred against individuals based on certain protected characteristics such as age, disability, and sexual orientation. Some supporters of the legislation have argued that it is needed to make Scotland a more tolerant society. However, others have criticised the Act for not including sex as a protected characteristic and suggested that it risks infringing on freedom of expression.
The public information campaign has attracted controversy due to the depiction of a cartoon “hate monster” in a Police Scotland video. Critics have accused the video of being patronising, while others have alleged that the video trivialises hate crime. Meanwhile, concerns have been raised over how the Hate Crime Act will be enforced. The Scottish Police Federation has claimed that rank-and-file police officers have only received a two-hour online training package on the new legislation and have questioned whether they have the resources to deal with the anticipated increase in complaints.
Scotland’s approach to issues of personal freedom has previously been the subject of controversy. In 2018, MSPs voted to repeal a controversial law introduced by the Scottish National Party that criminalised the “stirring up of hatred” against certain groups in relation to football matches, as well as certain “threatening communications”. The following year, SNP ministers abandoned attempts to appoint a named person to safeguard the welfare of every child in the country, after the UK Supreme Court criticised the plan as a breach of privacy.
While some have praised the Hate Crime Act as a necessary step towards greater tolerance in Scotland, others have warned that it could be used to stifle free speech. Some feminist groups have criticised the Act for not including sex as a protected characteristic, while police officers’ organisations have raised concerns over the resources available to investigate potential hate crimes. There have also been questions over the suitability of some “third party reporting centres”, such as a mushroom farm and a sex shop, for receiving allegations of hate crimes
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