UK Prime Minister Rishi Sunak has pledged to safeguard freedom of speech and argued that individuals should not be criminalized “for stating simple facts on biology,” as he backed writer JK Rowling in her criticism of hate crime legislation. Rowling had condemned Scotland’s new Hate Crime and Public Order Act, which came into force in early April. The law creates a new offense of “stirring up hatred” related to certain physical characteristics. Sunak reassured voters in a statement to The Daily Telegraph that the Conservative Party would always defend free speech. The new law makes it illegal to “stir up hatred” on the basis of age, disability, religion, sexual orientation, transgender identity, or being intersex.
Rowling has long been vocal about her opposition to some trans activism. In a series of social media posts, she labeled several transgender women as men, including trans activists, convicted prisoners, and other public figures. She subsequently challenged authorities to arrest her if they thought she had committed an offense. On Twitter, Rowling reported that freedom of speech and belief would come to a halt if precise descriptions of biological sex were banned. Rowling argued that the law failed to provide protection for women as a group from hatred. The Scottish government is expected to address this issue later in a separate misogyny law.
A seven-year prison term is the maximum penalty under Scotland’s new act. A person violates the act by communicating material or behaving in a way “that a reasonable individual would consider to be threatening or abusive” with the intention of stirring up hatred based on certain physical characteristics. Scotland’s new law extends existing statutes that already make it illegal to hate speech based on race, religion, or sexual orientation. The bar for this offense is lower, as it also includes “insulting” conduct. SNP ministers responsible for the new legislation have refused to be drawn on whether Rowling’s comments or mis-gendering would constitute a criminal offense.
According to the cabinet secretary, Neil Gray, “the bar is much higher.” He told BBC Radio that offenses must involve intimidating or abusive language or behavior. Gray explained that the legislation includes freedom of expression protection and is aimed at providing protection to individuals in the same way that existing laws have done for the past 40 years on the basis of race. He hopes the new law will help combat the hatred that has been widespread throughout the UK for too long.
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