Please or to access all these features

Feminism: Sex and gender discussions

Scottish Hate Crime Bill - information and resources.

244 replies

ArabellaScott · 19/03/2024 20:39

Well. Here we go.

Disclaimer: I don't have any special expertise or knowledge. Check everything for yourself.

The Bill:

https://www.legislation.gov.uk/asp/2021/14/contents/enacted

PART 1 Aggravation of offences by prejudice

PART 2 Offence of racially aggravated harassment

PART 3 Offences relating to stirring up hatred

It's part three that is most relevant to women and feminists.

I'll just paste the whole of Part 3:

(1)A person commits an offence if—

(a)the person—

(i)behaves in a manner that a reasonable person would consider to be threatening, abusive or insulting, or

(ii)communicates to another person material that a reasonable person would consider to be threatening, abusive or insulting, and

(b)either—

(i)in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or

(ii)a reasonable person would consider the behaviour or the communication of the material to be likely to result in hatred being stirred up against such a group.

(2)A person commits an offence if—

(a)the person—

(i)behaves in a manner that a reasonable person would consider to be threatening or abusive, or

(ii)communicates to another person material that a reasonable person would consider to be threatening or abusive, and

(b)in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to a characteristic mentioned in subsection (3).

(3)The characteristics are—

(a)age,

(b)disability,

(c)religion or, in the case of a social or cultural group, perceived religious affiliation,

(d)sexual orientation,

(e)transgender identity,

(f)variations in sex characteristics.

(4)It is a defence for a person charged with an offence under this section to show that the behaviour or the communication of the material was, in the particular circumstances, reasonable.

(5)For the purposes of subsection (4), in determining whether behaviour or communication was reasonable, particular regard must be had to the importance of the right to freedom of expression by virtue of Article 10 of the European Convention on Human Rights, including the general principle that the right applies to the expression of information or ideas that offend, shock or disturb.

(6)For the purposes of subsection (4), it is shown that the behaviour or the communication of the material was, in the particular circumstances, reasonable if—

(a)evidence adduced is enough to raise an issue as to whether that is the case, and

(b)the prosecution does not prove beyond reasonable doubt that it is not the case.

(7)For the purposes of subsections (1)(a)(i) and (2)(a)(i), a person’s behaviour—

(a)includes behaviour of any kind and, in particular, things that the person says, or otherwise communicates, as well as things that the person does,

(b)may consist of—

(i)a single act, or

(ii)a course of conduct.

(8)For the purposes of subsections (1)(a)(ii) and (2)(a)(ii), the ways in which a person may communicate material to another person are by—

(a)displaying, publishing or distributing the material,

(b)giving, sending, showing or playing the material to another person,

(c)making the material available to another person in any other way.

(9)A person who commits an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), or

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).

https://www.legislation.gov.uk/asp/2021/14/contents/enacted

OP posts:
Thread gallery
60
Thelnebriati · 26/03/2024 11:00

''glaikit'' I had to Google that.

Scottish Hate Crime Bill - information and resources.
EasternStandard · 26/03/2024 10:56

IcakethereforeIam · 26/03/2024 10:45

Suzanne Moore has written a good article

https://www.telegraph.co.uk/columnists/2024/03/26/scotland-hate-crime-act-humza-yousaf-snp-trans-self-id/

https://archive.ph/Urah4 paywallity jump

If, as appears to be the case, anything, written or said anywhere, that is read or heard in Scotland could break this law, then doesn't it put it at odds with Amerca's first amendment?

Police Scotland might have to send requests for American forces to investigate their citizens for hurty words.

I suspect although the US couldn't give a shiney what Scotland does (although Trump getting arrested if he visits one of his golf courses 😆) this could apply to any potential visitor from the States? Could be quite a diplomatic embarrassment.

He really is responsible for a whole heap of mess and autocracy

ArabellaScott · 26/03/2024 10:54

Oh, Humza. It's like glaikit and panic are fighting for victory over his facial expression in every picture lately.

OP posts:
IcakethereforeIam · 26/03/2024 10:45

Suzanne Moore has written a good article

https://www.telegraph.co.uk/columnists/2024/03/26/scotland-hate-crime-act-humza-yousaf-snp-trans-self-id/

https://archive.ph/Urah4 paywallity jump

If, as appears to be the case, anything, written or said anywhere, that is read or heard in Scotland could break this law, then doesn't it put it at odds with Amerca's first amendment?

Police Scotland might have to send requests for American forces to investigate their citizens for hurty words.

I suspect although the US couldn't give a shiney what Scotland does (although Trump getting arrested if he visits one of his golf courses 😆) this could apply to any potential visitor from the States? Could be quite a diplomatic embarrassment.

All Humza Yousaf’s Hate Crime Act will achieve is to stir up more hatred

Humza Yousaf’s new legislation supports a load of nonsense at the expense of free speech

https://www.telegraph.co.uk/columnists/2024/03/26/scotland-hate-crime-act-humza-yousaf-snp-trans-self-id

ArabellaScott · 26/03/2024 10:41

I want to encourage people to read the sources directly.

I'm no expert and the laws, guidance and their interactions seem quite complex.

I'm not sure if that police guidance relates to the new Act or if it will be updated as of next week.

OP posts:
HBGKC · 26/03/2024 10:00

Thank you for your sterling work on this thread, @ArabellaScott.

I HRTFT yet, but this paragraph from the Scottish Police Guidance really jumped out at me:

"For recording purposes, the perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident or in recognising the malice element of a crime. The perception of the victim should always be explored, however they do not have to justify or provide evidence of their belief and police officers or staff members should not directly challenge this perception. Evidence of malice and ill-will is not required for a hate crime or hate incident to be recorded and thereafter investigated as a hate crime or hate incident by police."

I can't quite believe this is really happening, tbh.

EasternStandard · 26/03/2024 09:48

stealtheatingtunnocks · 26/03/2024 09:45

I tried to get tickets for that gig, it sold out in 9 minutes and the tickets were £30!

im disappointed, it’ll be a good night.

I bet. It would be great

Maybe they’ll stream it, subversive comedy that it is. What a thing to do to to Scotland Scot Gov

stealtheatingtunnocks · 26/03/2024 09:45

I tried to get tickets for that gig, it sold out in 9 minutes and the tickets were £30!

im disappointed, it’ll be a good night.

EasternStandard · 26/03/2024 09:21

Tinysoxxx · 25/03/2024 21:21

It’s not going to be good for the Scottish tourist industry if there’s too much negative press. I can imagine The Fringe not being as attractive if punters feel the acts are being state sanctioned - takes the edge off it.

Googled the bill and this came up

Comedy Unleashed is currently looking into producing a special event in Scotland on 1 April to coincide with the implementation of the new bill. We’ll be platforming some reliably “problematic” comedians, and there’ll be plenty of wrongthink on display. Of course, this very much depends on us securing a venue that won’t cancel at the last minute

RhannionKPSS · 26/03/2024 00:08

Thank you so much for all of this, it’s much appreciated. Solidarity and thanks to all the women pushing back in Scotland and beyond. We will prevail.

Tinysoxxx · 25/03/2024 21:21

It’s not going to be good for the Scottish tourist industry if there’s too much negative press. I can imagine The Fringe not being as attractive if punters feel the acts are being state sanctioned - takes the edge off it.

RedToothBrush · 25/03/2024 21:13

PronounssheRa · 25/03/2024 18:34

Will they need to extradite me?

I jest, but what a fucking mess

They can try and make life difficult for MNHQ. And no doubt expensive.

Expect more deletions and censorship.

The police won't do shit in most cases, but expect some show trials to silence women cos that's where we are at now.

fromorbit · 25/03/2024 18:37

Important for anyone in Scotland if you are worried about being reported under the Hatemonster Act then you can find out if someone has targeted you by doing a Subject Access Request. WWW explain how to do this here:

Women Won’t Wheesht@WWWheesht
Those who attended #AlloaWomensFestival on Saturday will have heard @CallieMac88 discussing this.

It would appear that there are some who intend to use this legislation to try to curtail women's ability to freely discuss matters which affect their privacy, dignity & safety.

We all have a right to know if we have been reported for a "hate incident" & that has been recorded.

We have submitted individual SARs (Subject Access Requests) to Police Scotland, & will be doing so on a very regular basis whilst the Hate Crime and Public Order (Scotland) Act is still on the statute, & we would recommend for your own peace of mind that you do too.

Hopefully Police Scotland have sufficient Staff to investigate every "hate incident" reported to them, as well as responding to every SAR within 1 month.

There is no charge to you for any SARs you submit.

If you wish to submit an SAR to Police Scotland, further information can be found here:

https://scotland.police.uk/access-to-information/data-protection/subject-access-requests…

There is a SAR template letter, checked by a lawyer, that is good to use & share available here:

https://docs.google.com/document/d/11GHJiIRDKe9NAiBB_aUPqvZyU2eV4055yNWJYo85kX0/edit

Doing this will also increase the bureaucratic costs of the Hatemonster act. Given that it seems a lot of Scots plan to break the act from April 1st onwards it should be pretty interesting.

Please share this around.

https://www.scotland.police.uk/access-to-information/data-protection/subject-access-requests

https://t.co/tsojdY8JHR

PronounssheRa · 25/03/2024 18:34

RedToothBrush · 25/03/2024 15:35

It will be applicable to anything published in Scotland.

That covers anything on MN in theory.

Bonkers isn't it?

Will they need to extradite me?

I jest, but what a fucking mess

littlbrowndog · 25/03/2024 17:48

Disgrace my government. Really disgraceful

littlbrowndog · 25/03/2024 17:47

lifeinthelastlane · 25/03/2024 06:52

This is chilling:
No crime has been committed, yet these offences carry their own form of administrative punishment. This is because the police can release NCHIs under “enhanced disclosure” to HR departments assessing the suitability of candidates for certain jobs. You didn’t get that social work post you were so well qualified for? Just don’t ask

Chilling

ArabellaScott · 25/03/2024 17:33

The Act was a response to lord Bracadale's report. Maybe in there?

OP posts:
AmaryllisNightAndDay · 25/03/2024 17:25

Does anyone know why misogyny wasn't included, how that came about? Why did we need to wait for a separate amendment and whose idea was that?

RedToothBrush · 25/03/2024 15:35

PronounssheRa · 19/03/2024 21:09

It's an absolute shit storm, which will create a chilling effect on freedom of speech. I'm glad I don't live in Scotland.But it has given us the hate monster for which I'm ever grateful https://twitter.com/sewingwithsteel/status/1769718419073409112

It will be applicable to anything published in Scotland.

That covers anything on MN in theory.

Bonkers isn't it?

Tinysoxxx · 25/03/2024 14:57

There is so much confusion behind what you can say and what you can’t say.

The only way round it is for the Scottish Government to have a series of public announcements (in different languages too to make it fair) to educate people about what they are allowed to say and what they are not allowed to say. Rules for speaking and writing.

And it seems incredulous I have just written that!!!

IcakethereforeIam · 25/03/2024 14:49

EasternStandard · 25/03/2024 12:55

Does it apply in that way?

I read that it does, or can be interpreted that way. I want to believe I've been misinformed.

ArabellaScott · 25/03/2024 14:45

I'm hoping the gulag has wifi.

OP posts:
DangerFrog · 25/03/2024 14:24

ArabellaScott · 20/03/2024 11:46

It depends on your MSP. And their staff, I suppose.

But yes, this will have a chilling effect right across all social and public interactions. Through the arts, all discourse, education, media, local politics, national politics, etc.

As noted by more than one commentator above, it's the chilling effect that is really the crucial factor. Scotland is going to become a bit more like post WW2 East Germany, or Cultural Revolutionary-era China.

Fuck. One of my MSPs is Maggie Chapman. See you in the gulag?

EasternStandard · 25/03/2024 12:55

IcakethereforeIam · 25/03/2024 12:48

I don't understand why Westminster haven't stepped in to block it. I thought that it was because it only (jfc only!) affected people in Scotland so it was within the competence(?) of the devolved powers. However, if it actually applies to anyone anywhere in the world whose words might be heard or read in Scotland (even words that were written or said before 1st April) then it is clearly a massive overreach by ScotGov.

Does it apply in that way?

IcakethereforeIam · 25/03/2024 12:48

I don't understand why Westminster haven't stepped in to block it. I thought that it was because it only (jfc only!) affected people in Scotland so it was within the competence(?) of the devolved powers. However, if it actually applies to anyone anywhere in the world whose words might be heard or read in Scotland (even words that were written or said before 1st April) then it is clearly a massive overreach by ScotGov.