The author of the Harry Potter series, JK Rowling, has been assessed by the police in regards to her online posts that challenge Scotland’s new hate crime law. In these posts, Rowling has referred to several transgender women as men, including those who are public figures and convicted prisoners. While the new legislation creates a crime of “stirring up hatred” relating to protected characteristics, Police Scotland has stated that no action would be taken against Rowling. Scottish Justice Secretary Humza Yousaf has explained that the high threshold for criminality in these new offences means that Rowling’s remarks do not qualify as threatening or abusive with the intention of stirring up hatred.
Due to the Hate Crime and Public Order (Scotland) Act 2021, there have been over 3,000 hate crime reports since its introduction earlier this week. During last year’s speech, then Justice Secretary Yousaf highlighted white people in prominent public roles. While some complaints have been made, the majority are deemed “vexatious” and come from the far right, which will not stop him from speaking out about the need for more diversity in public life and racism. Police Scotland assessed and decided to not record both Rowling’s and Yousaf’s online comments, calling them non-criminal hate incidents.
TV journalist India Willoughby, one of those named in JK Rowling’s social media comments, expressed her disappointment that no action would be taken against the author. Willoughby believes that since the hate crime bill states that if someone falls into these groups and becomes fearful or upset, it qualifies as potential hate crime; Rowling’s comments qualify under “incitement” since it misgenders innocent individuals. Willoughby has experienced deliberate targeting and provocation through abusive social media messages since Rowling published her comments on the new hate crime legislation.
Prime Minister Rishi Sunak refused to comment on whether he supported Rowling’s views, but stated that individuals should not be penalised for stating factual biology. He has expressed his belief that it isn’t right to criminalise people for sharing common sense concepts about sex biology since we have a proud tradition of free speech. The Hate Crime Act establishes a new crime of “stirring up hatred” concerning age, disability, religion, sexual orientation, transgender identity, or being intersex, where the maximum penalty is a prison term of seven years
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