Why aren’t people in Scotland up I arms about it? Or maybe they are.
They are.
Everyone from the Catholic Church to the Orange Order think part 2 of the proposed Bill is hugely problematic and if those two agree on something then the SG should probably have a bit of a rethink..to put it mildly.
Here's a good summery of some of the problems with the Bill as listed by the campaign group Free To Disagree
1. The term ‘abusive’ (rude and insulting) could create a low threshold for offending.
2. The term ‘hatred’ is subjective and hard to define in criminal legislation
3. Free speech provisions are alarmingly vague. They only permit ‘discussion and criticism’ to do with religion and sexual orientation. This is the language of academics, not ordinary people discussing issues they feel strongly about.
4. A trans free speech clause is conspicuously absent, despite the obvious need for one given the heated debate on trans issues in Scottish society.
5. Discussion about marriage is also excluded from the free speech protections, despite it being included in equivalent laws in Northern Ireland, England and Wales.
6. People could be prosecuted for remarks made in the privacy of their own homes because there is no ‘dwelling defence’, unlike the rest of the UK.
7. Actors and directors would commit an offence if a play includes ‘abusive’ language.
8. Vague provisions on ‘possessing inflammatory material’ would punish those who possess ‘abusive’ material “with a view to communicating the material to another person”. An inexhaustible number of books, religious texts, leaflets, posters, articles, social media posts, emails and text messages could be caught.
9. Publishers based in other parts of the UK whose material is read in Scotland could be investigated by Police Scotland.
10. Stirring up’ prosecutions in England, Wales and Northern Ireland must be approved by the Attorney General and the Director of Public Prosecutions respectively. But there is no requirement for the Lord Advocate to sign off on prosecutions in Scotland, under the draft offences.
The usual suspects pushed for "insulting" to be included when it came to the characteristic of transgender identity.
Oh and the Bill includes both “a non-binary person” and “a person who cross-dresses” under its “transgender identity” definition - so fetishists would have protection under this and anyone with anything to say about that would be fucked.
Part 2 of the Bill should be binned in its entirety. Passing it would potentially allow a situation where men with a trans identity would have control over the freedom of speech and expression of all women making it possibly a criminal offence for women to come together to discuss their bodies, their experiences, their lives, safeguarding issues and their rights, if this group happen to subjectively find those discussions “hateful” “offensive” or “insulting”.
This is why ForWomen.scot have been so worried about this proposed law. It is an absolute all out assault on freedom of speech.