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JK Rowling and chamber of the new Scottish Laws

156 replies

ChedderGorgeous · 02/04/2024 18:02

Rowling has immediately made statements supporting freedom of speech and despite complaints, Scottish police have said there is nil to prosecute. AIBU that the new Scottish Law will have little material impact ?

OP posts:
Noicant · 03/04/2024 07:30

borntobequiet · 03/04/2024 07:26

Uh?

Yeah me neither

borntobequiet · 03/04/2024 07:26

slore · 02/04/2024 23:56

What about other liberal causes such as mass immigration, for which she is firmly on the woke side?

Uh?

borntobequiet · 03/04/2024 07:22

I’m impressed by some attempts on here to show that the fact that this Act isn’t working is actually evidence that it is working.

Noicant · 03/04/2024 07:05

I hope the police in the UK also receive clarification that “misgendering” is not actually a crime.

They can stop bothering law abiding women and perhaps consider why they consider vexatious complaints from cry bullies more important than actual harm that is done to actual women like oooohhh I don’t know the shocking lack of rape convictions.

Noicant · 03/04/2024 07:00

Ereshkigalangcleg · 02/04/2024 23:13

At least 60 reports per hour have been received by officers, according to police sources. Calum Steele, the former general secretary of the Scottish Police Federation, the union that represents rank-and-file officers, said the true figure could be as high as 3,600.
Police Scotland said they would investigate every report made under the law, which became active at midnight on April 1.

www.thetimes.co.uk/article/dabc6455-cec5-42f4-8360-6c99836e369b?shareToken=9007deb9a11beccffdc7bc56f581836a

I’m guessing that 55 out of 60 every hour are about JK Rowling.

slore · 02/04/2024 23:56

borntobequiet · 02/04/2024 19:21

I’m sure she wouldn’t characterise disagreement as hate speech. The hate speech would be the threats of sexual violence and death that she is subjected to - of which there is a “tendency”.

What about other liberal causes such as mass immigration, for which she is firmly on the woke side?

Lemonyfuckit · 02/04/2024 23:41

Ereshkigalangcleg · 02/04/2024 22:12

It's very interesting that TRAs and their supporters are now pivoting to "misgendering isn't hate speech anyway so not sure why anyone thought gender critical women would be targeted!" Pull the other one.

Hahahaha lols. The gaslighting is incredible.

Datun · 02/04/2024 23:41

So if someone steals your car or smashes up your house don't expect the police to do anything about it. But if you call a man a man on social media you can expect to be investigated.

You have to wonder what was quite so bloody important about getting this ludicrous law off the ground that they were prepared to make themselves into national laughing stocks.

Lemonyfuckit · 02/04/2024 23:41

SidewaysOtter · 02/04/2024 22:08

She is an absolute fucking QUEEN.

She’s made it clear that if the police go after any other woman for expressing similar sentiments to hers - i.e. they target women who are less able to afford lawyers - she will repeat the same words and ask the police to prosecute them both together, thus protecting women.

The police are left trying to implement a terrible piece of legislation enacted by Holyrood, and she’s highlighted just how bad it is. Heads she wins, tails they lose.

This.

I love her.

Boombatty · 02/04/2024 23:34

Ch Supt Rob Hay of the Association of Scottish Police Superintendents (ASPS), which represents senior officers, said there was the potential for a "huge uplift" in complaints about social media posts.

Mr Hay said his central concern was that Police Scotland "haven't been provided with any additional resources in terms of dealing with this piece of legislation."

Just last month the national force said it was no longer able to investigate every "low level" crime, including some cases of theft and criminal damage.

It has, however, pledged to investigate every hate crime complaint it receives.

https://www.google.co.uk/amp/s/www.bbc.co.uk/news/uk-scotland-68703684.amp

So if someone steals your car or smashes up your house don't expect the police to do anything about it. But if you call a man a man on social media you can expect to be investigated.

police scotland

Scotland's new hate crime law comes into force

Police say they expect a flood of complaints, but the government insists the act provides protection.

https://www.google.co.uk/amp/s/www.bbc.co.uk/news/uk-scotland-68703684.amp

NumberTheory · 02/04/2024 23:31

FairCat · 02/04/2024 18:34

You are being reasonable but I think you underestimate the consequences of the law proving ineffective. Along with other recent judgements we now have legal precedent supporting the right to express discrimination, so long as it's an honestly held belief.

For example if I honestly believe that women in my industry are less productive than men I can now say so. I can set up a Female Critical Research Group to exchange information and justify pay disparity. I can campaign to have women excluded from roles I don't believe they can do well.

Protecting the right to vilify and exclude any demographic with impunity so long as it's 'ones belief' was history. Now it's back. Everyone OK with that?

Research into the effectiveness of employees by sex, age and other characteristics does go on, so it’s clearly not an area that is in some way banned. But that doesn’t mean the courts would protect you if your employer fired you for setting up a campaign group at work to advocate for pay disparities because the protection you refer to is only conferred on honestly held beliefs that are worthy of respect in a democratic society.

The courts decided that acknowledgement of sex as an immutable characteristic (as already reflected in our clumsily worded the laws) was worthy of respect. That people are entitled to organize and fight for rights on the basis of their sex. They did not find that it was vilification of a demographic, nor an attempt to exclude a demographic from society. Those things have not been given free rein at all.

Datun · 02/04/2024 23:30

Datun · 02/04/2024 23:26

And don't forget you could be in the privacy of your own home, talking to your mate or other half, overheard by a neighbour who reports you. And it has to be investigated.

...reported in the local sex shop which has been designated one of the reporting centres, by the way. Along with a mushroom farm and a hairdressers.

Your neighbours could report you for hate speech, whilst buying tons of porn depicting abuse against women.

Or replenishing their shiitake and getting a shampoo and set, of course.

Boombatty · 02/04/2024 23:28

Ereshkigalangcleg · 02/04/2024 23:13

At least 60 reports per hour have been received by officers, according to police sources. Calum Steele, the former general secretary of the Scottish Police Federation, the union that represents rank-and-file officers, said the true figure could be as high as 3,600.
Police Scotland said they would investigate every report made under the law, which became active at midnight on April 1.

www.thetimes.co.uk/article/dabc6455-cec5-42f4-8360-6c99836e369b?shareToken=9007deb9a11beccffdc7bc56f581836a

That is crazy!! So in 24 hours the police now have an additional 3,600 alleged incidents to investigate? How could anyone think this is a good use of public resources?

Datun · 02/04/2024 23:26

Boombatty · 02/04/2024 23:14

It's also an absolutely HUGE waste of police resources and taxpayer money.

And don't forget you could be in the privacy of your own home, talking to your mate or other half, overheard by a neighbour who reports you. And it has to be investigated.

Boombatty · 02/04/2024 23:25

Yes the very process of being accused, investigated and your reputation (amd possibly career etc) tarnished is the punishment.

ArabellaScott · 02/04/2024 23:23

XDownwiththissortofthingX · 02/04/2024 22:37

I think if the intent of the HCB was to criminalise misgendering, then it would have surely included legislation that made it abundantly clear misgendering constituted a Hate Crime?

The Act rests on perception and intent. It's not about a specific action or certain words.

It's down to the feelings of the person reporting.

This would fall in court, very likely, so most cases won't result in convictions. However there is a very real risk that the HCA will be weaponised by both activists, malicious or misguided, and possibly police with an axe to grind.

The chilling effect is already in action.

ArabellaScott · 02/04/2024 23:23

Datun · 02/04/2024 22:47

The ambiguity arises because the Scottish government can't decide if misgendering stirs up hate or describes reality.

This is Siobhan Brown, a government minister doing a fine job of yeah, but no, but yeahing.

Pressed by BBC Radio 4’s Today programme whether misgendering was a crime, Ms Brown said no,

Also

Ms Brown said it would be “an operational decision” and “it would not be for me as a minister to dictate what the police” did.

And

Siobhian Brown, the SNP’s community safety minister, initially stated that misgendering – for example calling a trans woman “he” – would “not at all” fall foul of the legislation.

But then again.

“It could be reported and it could be investigated. Whether or not the police would think it was criminal is up to Police Scotland for that.”

Indeed.

Boombatty · 02/04/2024 23:23

@MissScarletInTheBallroom

"For me, the problematic part of the judgment in the Maya Forstater case was that gender critical feminist views were characterised as beliefs. Protected beliefs, yes. Beliefs we are entitled to hold, and to express. Fine, whatever. But this shouldn't need to be protected, any more than expressing one's "belief" in gravity should need to be protected."

Unfortunately it was the only way to plead the case. There is no law that protects your right to state an immutable fact, other than freedom of expression under the Human Rights Act. Its bonkers isn't it, that you have to frame it as a philosophical belief to be able to say that a man in a dress is a man in a dress? I guess the legislators didn't forsee that we would be subject to discrimination for stating immutable facts. It's like being discriminated against for saying that the earth isn't flat.

Boombatty · 02/04/2024 23:14

Datun · 02/04/2024 22:53

Plus the SNP promised that all complaints would be investigated.

And the person complaining needs neither proof nor evidence. It doesn't even have to have happened to them personally. It doesn't even have to have upset or even been noticed by the person to whom it did happen.

Still gets investigated.

In terms of how chilling that is, I don't think any one would call it ambiguous.

It's also an absolutely HUGE waste of police resources and taxpayer money.

Ereshkigalangcleg · 02/04/2024 23:13

At least 60 reports per hour have been received by officers, according to police sources. Calum Steele, the former general secretary of the Scottish Police Federation, the union that represents rank-and-file officers, said the true figure could be as high as 3,600.
Police Scotland said they would investigate every report made under the law, which became active at midnight on April 1.

www.thetimes.co.uk/article/dabc6455-cec5-42f4-8360-6c99836e369b?shareToken=9007deb9a11beccffdc7bc56f581836a

LastTrainEast · 02/04/2024 23:10

FairCat · 02/04/2024 18:34

You are being reasonable but I think you underestimate the consequences of the law proving ineffective. Along with other recent judgements we now have legal precedent supporting the right to express discrimination, so long as it's an honestly held belief.

For example if I honestly believe that women in my industry are less productive than men I can now say so. I can set up a Female Critical Research Group to exchange information and justify pay disparity. I can campaign to have women excluded from roles I don't believe they can do well.

Protecting the right to vilify and exclude any demographic with impunity so long as it's 'ones belief' was history. Now it's back. Everyone OK with that?

If you honestly believe that women in your industry are less productive than men then you should say so. You'd need to prove it before that changed anything, but it's not discrimination to point out facts. Your little fantasy there was you punishing the women based on your feelz which is different.

Illegal Discrimination is when there's no basis for it and you deprive someone of something on the basis of an irrational belief about a whole group.

Speech is not Discrimination in itself and we already have laws against harassment.

IAmAWarriorPrincessHonestGuv · 02/04/2024 23:00

FairCat · 02/04/2024 18:34

You are being reasonable but I think you underestimate the consequences of the law proving ineffective. Along with other recent judgements we now have legal precedent supporting the right to express discrimination, so long as it's an honestly held belief.

For example if I honestly believe that women in my industry are less productive than men I can now say so. I can set up a Female Critical Research Group to exchange information and justify pay disparity. I can campaign to have women excluded from roles I don't believe they can do well.

Protecting the right to vilify and exclude any demographic with impunity so long as it's 'ones belief' was history. Now it's back. Everyone OK with that?

Except that arguably the whole point of this law was to exclude any protections for women….

Firstly no protection for women within the main protected strands named in the bill - Sex is a noteable exclusion. Secondly no protection for free speech relating to one of the protected strands. Would anyone like to guess which one?

It turns out that during the passage of this bill, senior Scottish judge Lord Bracadale carried out a review and made recommendations to explicitly protect free speech in each of the protected strands.

This was implemented in all except one. The ‘Gender Identity’ strand. This law explicitly does not protect free speech, mainly affecting women, when it comes to advocating for our rights for single sex spaces and services. We now have to establish the boundaries for free speech in this area for ourselves.

So your point is moot I think @FairCat.

Datun · 02/04/2024 22:53

Plus the SNP promised that all complaints would be investigated.

And the person complaining needs neither proof nor evidence. It doesn't even have to have happened to them personally. It doesn't even have to have upset or even been noticed by the person to whom it did happen.

Still gets investigated.

In terms of how chilling that is, I don't think any one would call it ambiguous.

Ereshkigalangcleg · 02/04/2024 22:48

I think if the intent of the HCB was to criminalise misgendering, then it would have surely included legislation that made it abundantly clear misgendering constituted a Hate Crime?

The intent was to create a chilling effect. As pp said, they repeatedly refused to clarify or ring fence gender critical belief.

Datun · 02/04/2024 22:47

The ambiguity arises because the Scottish government can't decide if misgendering stirs up hate or describes reality.

This is Siobhan Brown, a government minister doing a fine job of yeah, but no, but yeahing.

Pressed by BBC Radio 4’s Today programme whether misgendering was a crime, Ms Brown said no,

Also

Ms Brown said it would be “an operational decision” and “it would not be for me as a minister to dictate what the police” did.

And

Siobhian Brown, the SNP’s community safety minister, initially stated that misgendering – for example calling a trans woman “he” – would “not at all” fall foul of the legislation.

But then again.

“It could be reported and it could be investigated. Whether or not the police would think it was criminal is up to Police Scotland for that.”