Scotland made it an imprisonable offense to “stir up hatred” against some groups, including trans people. J.K. Rowling and Elon Musk are among those voicing concerns.
A protester holds a cutout of Harry Potter author J.K. Rowling during a rally against the Hate Crime and Public Order Act in Edinburgh, Scotland, on April 6. LONDON — A new Scottish law that criminalizes the “stirring up of” hatred against some groups has triggered a debate far beyond its borders, pitting human rights activists who say it’s needed against a rising tide of harassment and violence against conservative celebrities and politicians who say the law threatens free speech.
“If … it’s intended to stir up hatred because of their membership of that group, then that is a criminal offense,” Nick McKerrell, a senior law lecturer at Glasgow Caledonian University, said in a telephone interview Monday. In Scotland,1,884 hate crime charges relating to sexual identity in 2022-23 — representing an eighth consecutive year-on-year increase — in addition to 55 charges relating to transgender identity.
“The test is that it has got to be threatening or abusive to someone, or it has to cause them fear or alarm,” McKerrell said. “That’s a very high threshold.”
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