An update, from the Times
www.thetimes.co.uk/edition/scotland/humza-yousaf-says-hate-crime-bill-wont-criminalise-jk-rowling-k29qt0j5g
Critics of the proposed law, which would make it an offence to “stir up”
hatred, say that it could lead to criminal proceedings over comments
deemed unintentionally offensive.
Roddy Dunlop, QC, dean of the Faculty of Advocates, said last month that
this could mean comedians who tell a “Scotsman, Irishman and Englishman”
joke may face jail. The Scottish Police Federation, which represents
rank-and-file officers, complained the changes would shatter trust in
police.
However, Mr Yousaf [Cabinet Secretary for Justice, Scottish Parliament]
denied there would be a draconian crackdown on freedom of speech. “If you
were to say a trans man is not a real man or trans woman is not a real
woman, you would not be prosecuted under the bill that I am intending to
bring forward, so long as you didn’t do it in a threatening or abusive way
that is intended or likely to stir up hatred,” he told Holyrood magazine.
A spokesman for the Free to Disagree campaign, which opposes the hate
crime bill, said that Mr Yousaf “cannot simply magic away these
significant concerns” about the law.
“In addition, under the legislation no ‘intent’ is necessary for an
offence to be committed,” the spokesman said. “Rowling could conceivably
be guilty of a ‘stirring up’ offence without intending to stir up hatred,
or even being aware that her comments were unlawful.”