Scottish Hate Crime Bill - information and resources.

[ArabellaScott]

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).

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.

https://www.bbc.co.uk/news/uk-scotland-68605029

'Tony Lenehan KC, president of Faculty of Advocates Criminal Bar Association, said the public knowing what is and what is not a crime is a "vital part of any modern democracy".
"Where the new statute is woven with threads of subjectivity, the broadcasters, after dinner speakers, comedians, debaters and dramatists must trust to luck that they don't end up being prosecuted under it," he told BBC Scotland.
Mr Lenehan said most of the behaviour tackled by the hate crime legislation "would already be a crime" as public order offences, or using specific aggravations such as crimes involving religion and race.
"My fear is that this legislation is driven by the hope of a PR coup, from passing pleasingly populist sounding laws," he said.'

Arabella Ross Greer is one of my MSPs. Do I need to say more? 🙈

Apologies if this is a stupid question @ArabellaScott (maybe now there are no stupid questions). But do I need to create a new email address even to post on here from 1st April? It's my personal email with my name, I'm honestly feeling totally scared and paranoid now living in Scotland and being Scottish. I now feel like I'm in a dystopian nightmare. All for believing in (actually scratch believing in; KNOWING THE TRUTH OF) biological reality.

A Mumsnet employee doxxed members before.

https://threadreaderapp.com/thread/986693530302205954.html

And serial litigant Stephanie Hayden successfully sued Mumsnet to reveal a member's reg'd name (luckily this turned out to be a made up one).

https://www.dailymail.co.uk/news/article-6912343/Transgender-activist-claims-information-given-Mumsnet-misleading.html

So, yes. I would say it is sensible to set up a new account using a burner email with details that are not connected to your real identity.

I'm sorry you are feeling scared, and same for Rainbowshit. I am also uneasy.

I'm also absolutely furious at what the arseholes in power have done to this country.

Thanks! Oh god, right okay I'm going to do that. I actually can't believe it but in 2024 in what is apparently meant to be a democratic country, I'm going to have to set up a new email that's not got my real name on it and re register with a site I love using for parenting tips and I'm doing it because of this mad law.

I feel like I'm having some sort of mad fever dream!

For privacy I recommend Proton Mail.

https://proton.me/mail

Andrew Doyle has an article in Unherd

https://unherd.com/newsroom/will-the-snps-new-hate-crime-bill-get-me-arrested/

This bit from the end

Well, maybe we’ll find out even sooner. 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, so please do email us ([email protected]) if you can help. In these authoritarian times, we could all do with a laugh.

I don’t see how this will hold. They will have so many women defying it, there’ll be public outcry and this law will be dead and buried.

it’s remarkable how TRAs got this far. As soon as they start speaking about the entirety of their demands they sound like loose canons (TIMs accessing all female spaces inc refuges, prisons etc).

im a lesbian, it’s soooooo depressing to see what they have done to the gay and bisexual community. They’re at every single social & they have found pick - me girls who will ram their agenda down anyones throats. Myself and so many other lesbians and bi women I know now self exclude.

https://archive.is/7nJ74

Police Scotland training includes a fictionalised feminist campaigner calling for 'gas chambers' and Munroe Bergdorf calling women's fears 'ludicrous'.

The Police are being trained by activists to think feminism is a hate crime.

https://policinginsight.com/feature/analysis/report-highlights-sexism-within-police-scotland-as-80-of-officers-say-misogyny-is-an-issue-in-the-force/

80% of officers say they've experienced misogyny within Police Scotand.

I'm thinking that many of the MSPs will just be constantly reported for hate crimes. The abuse they get on Twitter will likely be replicated in hate crime reporting. It's going to be an absolute shitshow.

If anyone is curious how this new law may be misused - it's not yet April and activists are already trying to use the law to attack people:

A Twitter account 'Let Actual Women Speak' claims that misgendering will be a 'hate crime' in Scotland from April the 1st, urges followers to report anonymously online.

'Trans women are real women. From the 1st of April in Scotland to say otherwise is a hate crime.'

'jkrowling is abusive and belongs in jail.'

https://twitter.com/LAWS_28

'Please help Sophie Sparkles. Complain to Police Scotland here. https://scotland.police.uk/secureforms/po'

Are Police Scotland ready for mass reports from Twitter? What if someone actually needs the police for a serious matter, and they are tied up with this?

Age is one of the hate crime characteristics isn't it? Can we report all the TRAs who show disdain for middle aged women for hate crimes?

The police are going to receive an absolute deluge on April 1st.

You can report anonymously right? 😉

I suspect I will replace my current writing to my MSPs with being a hate crime monitor.

Ross Greer finally did reply to me today with what is clearly a copy paste response that addresses issues I didn't even raise

Thank you for writing to me about this sensitive and important issue. I’ve found it quite sad and frustrating that so much misinformation has been spread in relation to this issue, often as part of a wider campaign to delegitimize the very existence of trans people.

The Scottish Greens are clear in our support of the rights of transgender and non-binary people. These rights in no way conflict with our equally strong support for the rights and protections of women and girls. Trans women and girls in particular are some of the most vulnerable people in society, deserving of respect, dignity and safety.

The Scottish Prison Service’s new policy on trans people in custody sets out an individualised approach which ensures that any transgender woman with a history of violence against women and girls, who presents a risk to women and girls, will not be placed in the women’s estate. Where SPS has insufficient information about an individual who is arriving into custody, they will be admitted in accordance with their sex at birth. SPS also retains the ability to admit and accommodate individuals with a Gender Recognition Certificate in accordance with their sex at birth, if it is considered necessary to support people’s safety and wellbeing.

With regard to objections to the designation ‘non-transgender’, I certainly agree that this is an awkward formulation, though I can’t see that phrase used in the policy document detailing the management of transgender people in prisons.

The usual and straightforward term for someone who is not trans would be cisgender, or cis. Trans and cis are standard prefixes used in a range of contexts, including but not just in regards to gender. One of the most common and benign examples would be cis and trans fats in relation to food and diets.

Unfortunately a myth has been perpetuated over the last few years that this technical term is somehow a slur or derogatory, and so alternatives are sometimes sought. This does not imply any ranking between cis and trans women, who share rights to safety, dignity and respect, including freedom from offensive or misgendering language.

I appreciate that we might disagree on some of these issues, but I thank you for sharing your views with me. Please do not hesitate to contact me if there is anything else I can do to help.

Kind regards,

Ross Greer MSP
Ross Greer MSP
Scottish Green Party
West of Scotland

38 Stewart Street, Milngavie, G62 6BY

I aim at all times to operate best practice in complying with the requirements of the General Data Protection Regulation (EU) 2016/679 (the GDPR), the Data Protection Act 1998 and any Act that replaces the Data Protection Act. You can find details of my privacy policy heree^.

From:
Sent: 29 February 2024 12:16
To: Greer R (Ross), MSP
Subject: Letter from your constituent

This message was also sent to: Neil Bibby MSP, Russell Findlay MSP, Paul O'Kane MSP, Jamie Greene MSP, Katy Clark MSP, Pam Gosal MSP

Email:

Thursday 29 February 2024

Dear Ross Greer, Pam Gosal, Katy Clark, Neil Bibby, Russell Findlay, Paul O'Kane and Jamie Greene,

I am extremely disturbed to hear that Scarlet Blake will have his crimes recorded as having being committed by a female.

Scarlet is biologically male and legally male and will be held in a male prison.

It is disrespectful to his victim to have his murder recorded as being committed by a female. It is also disrespectful to females as a sex class.

Why does respecting a criminal murderer come above respecting the victim and females?

Females commit very few murders. One male being recorded in the female class will distort the statistics by 5%.

Further details here:

https://x.com/richardjgarside/status/1763134595749314596?s=46&t=AjtjSItRj-kgZwRzL-pdyQ

Can I ask for your commitment to ensure that the integrity of our statistics is maintained and that crimes are recorded by biological sex rather than gender?

Yours sincerely,

In England and Wales the law has gone the other way. S5 of the Public Order Act 1986 used to include words, behaviour, or displays which were “insulting.”

But various groups (on the Left and on the Right politically, from Liberty to Tory MPs), including Parliament's own Joint Committee on Human Rights argued for years that language or behaviour that 's merely “insulting” shouldn't be criminalised. And when the law was updated about ten years ago, the "insulting" bit was dropped.

It's so subjective (and broad) it worries me that Scotland has chosen to reintroduce it.

Yes. It can just be perceived ageism, its your perception that counts.

And yes, online reports can be made anonymously. I can't recall what the guidance said about IP addresses, though.

Thank you ArabellaScott this is invaluable once again.

I wanted to post this part of the Act:

(7)A person is a member of a group defined by reference to transgender identity if the person is—

(a)a female-to-male transgender person,

(b)a male-to-female transgender person,

(c)a non-binary person,

(d)a person who cross-dresses,

and references to transgender identity are to be construed accordingly.

(part 4, 'the characteristics')

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

'Cross dressing'. What does this actually mean?

I am wearing trousers and a jumper right now. Is this cross dressing?

Am I transgender on the basis of trousers?

https://dailysceptic.org/2024/03/20/r-i-p-the-scottish-enlightenment-1697-2024/

A view giving some historical context.

The Hate Crime Act repeals blasphemy as an offence, ironically.

https://gript.ie/scottish-police-watchdog-hate-speech-law-may-have-chilling-effect-on-free-speech/

'The Chair of the Scottish Police Authority’s watchdog has said that the controversial hate crime law, which will come into effect on April 1st, risks having a “chilling effect” on freedom of speech.
Katharina Kasper, chairwoman of the Scottish Police Authority’s complaints and conduct committee, said at a Police Authority meeting that: “The concerns that have been expressed are that by the time an allegation is made and an investigation starts, the process itself can become a punishment which may have a chilling effect on the freedom of expression”.
She told Chief Constable of Police Scotland, Jo Farrell, that “credible voices across the judicial sector and human rights organisations” do not believe that sufficient safeguards have been put in place to protect freedom of speech, according to a report in The Times.

...
A legal analysis of the bill published by the Scottish law firm Lindsays said that while “the Scottish government says it is designed to make hate crime law “fit for the 21st century”, Scottish, English and European lawyers “believe the bill provides for an alarming expansion of state power,”.
Francis Hoar, a barrister practising in public law and human rights, said that the bill removes the need for the perpetrator to have shown an intention to “hate” in order to be indicted. “The only exception is if there is a ‘reasonable excuse’ – but no one can know how a court would interpret that”, he said.
“Law should be certain and the citizen should know what conduct is or is not criminal” says Brent Haywood, a partner at Lindsays. “As framed this proposed new law has the potential to be used politically in a climate of increasing virtue signalling”, he noted.
“More alarmingly still, it undermines the distinction between public and private settings, meaning statements made in private conversations could be criminalised,” the analysis found.'

Thank you @ArabellaScott for this thread. I've never before heard of Thomas Aikenhead. I'd like to suggest that anyone questioned or arrested under this law gives that as your name.

If I lived in Scotland I'd be tempted to change my name to Thomas Aikenhead by deed poll.

What they are claiming is so different from what Humza Yousef said about the law.. who is right? Or is the answer really, nobody knows?

We don't really have deed polls in Scotland.

It all seems a bit vague, tbh. You just pay £40 and change it.

https://www.citizensadvice.org.uk/scotland/family/birth-certificates-and-changing-your-name-s/changing-your-name-s/

For anyone interested in Thomas Aikenhead, I can rec the fabulous book Unspeakable by Dilys Rose.

IANAL, and this law has yet to be tested.

The definition rests on the perception of the person reporting (not necessarily the victim). There's no criteria or threshold or examples given (other than the 'reasonable person' reference) so it's unknown if a misgendering would be prosecuted. It would be investigated, given that the polis have committed to investigating every report.

And there is a defence of freedom of expression. So that might help.

Who the fuck knows, really. The law itself is very vague. So it probably comes down to individual police officers and judges. Good luck, and god help us all!