What are Scotland's new hate crime laws and what does JK Rowling have to do with it?

New hate crime laws have come into force in Scotland. 

Opinion is divided on whether the laws will make the country more tolerant - or stifle free speech.

What is included under the new laws, why are they so controversial - and what has the author of Harry Potter got to do with it?

What are Scotland's new hate crime laws?

The Hate Crime and Public Order (Scotland) Act came into force on Monday 1 April.

It makes it illegal to "stir up hatred" based on prejudice towards the following characteristics:

• age
• disability
• religion
• sexual orientation
• transgender identity
• variations in sex characteristics.

Sometimes called intersex, variations in sex characteristics or VSC is an umbrella term used to describe physical sex development that is different to what is generally expected of males or females that is present from birth.

The rules will apply in people's private homes and online.

They expand on existing laws relating to stirring up racial hatred that have been in place across the UK since 1986.

The rules were developed following Lord Bracadale's independent review of hate crime legislation which concluded that new specific offences relating to stirring up hatred were needed.

The legislation was passed by a majority of MSPs in the Scottish parliament in 2021.

The offence carries a maximum penalty of a seven-year prison sentence.

What about tackling misogyny?

Sex has been omitted from the act as a standalone bill designed to tackle misogyny is expected to be laid before the Scottish parliament at a later date.

Why is the law controversial?

Critics of the law say it is draconian and could stifle free speech.

Women's groups, which have been vocal in the transgender debate in Scotland, fear social media posts could be used to target opponents.

Director of campaign group For Women Scotland Susan Smith branded the act a "mess", telling Sky News "there will be a lot of malicious reports".

"Much of this is very vague as stirring up offences seems to be based on someone's perception that someone is being hateful towards them, and they can make a complaint and the police are saying they will investigate everything.

"We know that there are people out there who have lists of people they are looking to target. They are seeing this as an opportunity to settle scores and make political points."

Human rights campaigner Peter Tatchell said the fact that women are not given protection by the act was an "astonishing exclusion".

He told BBC Radio 4: "The big flaw in this bill is it does not protect women against hate."

Mr Tatchell also claimed the new legislation could "open the door to vexatious and malicious complainants who will go after people" - an issue the Association of Scottish Police Superintendents (ASPS) has also warned of.

In a letter to Holyrood's Justice Committee, it said the law could be "weaponised" by an "activist fringe" across the political spectrum.

What does JK Rowling have to do with it?

JK Rowling has spoken out against the new hate crime laws and was also a vocal critic of Scotland's gender recognition bill, which aimed to make it easier for people to legally change their gender but was blocked by Westminster.

The Harry Potter author, who has lived in Scotland since 1993, first entered the debate on trans issues in 2019, when she supported a researcher who was sacked after tweeting that transgender people cannot change their biological sex.

In 2020, she criticised the term "people who menstruate" and later that year wrote an open letter about her reasons for speaking out on issues of sex and gender.

She argued trans activism was impacting spaces such as women's prisons and rape and domestic abuse services "because it's pushing to erode the legal definition of sex and replace it with gender".

In her essay, she said she wanted trans women to be safe, but not at the expense of cis women and girls. She argued allowing trans women to access women's spaces - without proving they had medically transitioned with the use of hormones or surgery - was equivalent to welcoming men, and put women at risk.

Rowling denies being transphobic but has been widely criticised for her views, including by fans and Harry Potter stars.

As Scotland's new laws came into force, Rowling made a series of comments on X lashing out against transgender women, among them offenders who had been placed in women's prisons.

The post was in reaction to comments from Siobhan Brown MSP, a Holyrood minister, who said people "could be investigated" for misgendering someone online.

Rowling said: "I'm currently out of the country, but if what I've written here qualifies as an offence under the terms of the new act, I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment."

She said the new legislation "is wide open to abuse by activists who wish to silence those of us speaking out about the dangers of eliminating women's and girls' single-sex spaces".

The 58-year-old argued: "It is impossible to accurately describe or tackle the reality of violence and sexual violence committed against women and girls, or address the current assault on women's and girls' rights, unless we are allowed to call a man a man."

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What do its supporters say?

People who support the bill say it will make Scotland more tolerant.

Dr Rebecca Crowther, chief executive of the Equality Network, told Sky News the law was not designed to catch people online saying disagreeable things.

"Freedom of expression is really important and there's a defence for that within the legislation," Dr Crowther said.

"What it does legislate against is when that freedom of expression strays into something that is abusive, that could cause fear and alarm, and that also inctes hatred - or incites people to act on that hatred."

First Minister Humza Yousaf told Sky News he has confidence in police investigating matters appropriately and protecting freedom of expression.

He has repeatedly said there is "disinformation" being spread about the bill and what it entails, claiming there is a "triple lock" of protection for speech.

The three safeguarding measures in the "lock" are an explicit clause on free speech, a defence for the accused's behaviour being "reasonable" and the fact that the act is compatible with the European Convention on Human Rights.

What have other political parties said about the law?

The Scottish Conservatives have called for the act to be scrapped and the resources diverted towards frontline policing instead.

Appearing to defend JK Rowling, Rishi Sunak promised his party will "always protect" free speech.

"People should not be criminalised for stating simple facts on biology," he said in a statement.

"We believe in free speech in this country, and Conservatives will always protect it."

Labour's shadow chancellor of the Duchy of Lancaster Pat McFadden told Sky News that JK Rowling should not be arrested and is entitled to her view.

He added it was a pretty big omission not include misogyny in the legislation, and that Labour was "not planning to legislate for new crimes in this area" if it came to power.