The Hate Crime and Public Order (Scotland) Bill looks to modernise, consolidate and extend hate crime legislation in Scotland.
Current legislation has evolved over time in a fragmented manner. The new Bill will bring Scotlands hate crime legislation into one statute, making the law easier to understand and more user-friendly.
Crucially, the Bill also offers greater protection for victims of and groups affected by hate crime.
Hate crime has real life consequences to be attacked or targeted simply because of who you are is a frightening experience.
I have been on the sharp end of bigoted abuse and know too well the hugely damaging impact it can have, not just on the individual but on families and wider community.
Victims face both mental and physical harm. The latest reports from Police Scotland show that 6,736 hate crimes were recorded in 2017-2018.
Within this, police recorded almost 900 common assaults with a hate crime aggravation.
Abuse and prejudice have long-lasting effects on victims and many will live with their scars, emotional or physical, for the rest of their lives.
Since the introduction of the Bill there has been much debate around freedom of speech. While there is legitimate debate to be had, some criticism has misrepresented what the Bill does.
I firmly believe the Bill strikes the right balance between respecting freedom of speech and tackling hate speech. The general approach taken is based on Lord Bracadales independent review recommendations where he was clear that new stirring up of hatred offences would not have the effect of stifling legitimate views or seriously hindering robust debate.
Let me be clear the Bill will not prevent people expressing controversial, challenging or even offensive views, as long as this is not done in a threatening or abusive way that is intended to stir up hatred or likely to stir up hatred.
I have been on the sharp end of bigoted abuse and know too well the hugely damaging impact it can have, not just on the individual but on families and wider community.
The Bill includes provisions on freedom of expression to provide further clarity that the prohibition on stirring up hatred will not unduly restrict peoples right to express their faith, or to criticise religious beliefs or practices or sexual practices.
The Bill operates within a context that the stirring up of hatred offences cannot unduly inhibit freedom of expression protections set out in the European Convention of Human Rights.
Stirring up hatred can incite people to commit offences against individuals in the targeted group and contribute to an atmosphere in which prejudice is accepted as normal. That is not the Scotland I want.
The Bill, if passed, will offer greater protection for those who suffer from this kind of behaviour.
Alongside consolidation of the long-standing stirring up racial hatred offences, the Bill provides for new stirring up of hatred offences that would apply to all characteristics listed in the Bill: age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics.
The existing racial hatred offences criminalise conduct which includes threatening, abusive or insulting behaviour and is intended or likely to stir up hatred.
This approach is not new the existing offences of stirring up racial hatred have been in force in Scotland since 1986. Similar offences have existed since the Race Relations Act 1965.
Existing stirring up racial hatred offences were in fact introduced across the UK, including Scotland, by the then UK Government in the mid-1980s.
In the late 2000s the then UK Government extended the concept of stirring up hatred offences to certain other characteristics in England and Wales.
The new stirring-up hatred offences for the other characteristics use a threshold that the conduct must be threatening or abusive and intended or likely to stir up hatred.
So actions must either be threatening or abusive before the new stirring up hatred offences can be committed.
And it is not enough for conduct to be threatening or abusive, there must also be an intention that hatred will be stirred up or it must be likely that the conduct will stir up hatred. Hatred is a very strong emotion.
The legislation also includes a defence that the behaviour or communication was, in the particular circumstances, reasonable. I believe that this sets an appropriately high bar before conduct is criminalised.
The Scottish Government is committed in principle for a standalone offence on misogynistic harassment to be developed.
I am clear that more needs to be done to tackle misogynistic harassment and Scotland has an opportunity to show real leadership and make clear that this kind of behaviour will no longer be tolerated. A working group will consider options around this and membership will be decided in due course.
As we move ever closer to stage one of the Parliamentary process, the Bill has received support from a number of organisations including the Equality Network, Victim Support Scotland, Engender, the Humanist Society of Scotland and the Scottish Council of Jewish Communities.
We are determined to do everything it takes to ensure Scotland is a place where there is zero tolerance of hate crime. This Bill will play an important part in realising this.
Humza Yousaf is the Justice Secretary of Scotland and MSP for Glasgow Pollok.
Go here to read the rest:
- Turkey's crackdown on freedom of speech intensifies - February 12th, 2015 [February 12th, 2015]
- Bill of Rights Transcript Text - National Archives and ... - February 12th, 2015 [February 12th, 2015]
- Freedom of Speech (Stanford Encyclopedia of Philosophy) - February 12th, 2015 [February 12th, 2015]
- 3 Muslims shot dead by Atheist || #muslimlivesmatter - Video - February 12th, 2015 [February 12th, 2015]
- Media Studies 104A - 2015-02-10 - Video - February 12th, 2015 [February 12th, 2015]
- USA Freedom of Speech and Jesus Christ - Video - February 12th, 2015 [February 12th, 2015]
- France Arrests French Comedian Dieudonne 3 Days After Charlie Hebdo Freedom of Speech - Video - February 12th, 2015 [February 12th, 2015]
- Charlie Hebdo's "Freedom of Speech" - Video - February 12th, 2015 [February 12th, 2015]
- John Robertson on Greg Shapiro's United States of Europe - S3Ep01 - Video - February 12th, 2015 [February 12th, 2015]
- The Illuminati: The Freedom of Speech 2015 Conspiracy - Video - February 12th, 2015 [February 12th, 2015]
- Muslims oppose insult to Islam in the name of freedom of speech - Video - February 12th, 2015 [February 12th, 2015]
- RE: HannibalTheVictor13's resentment over thunderf00t and his "freedom of speech". - Video - February 12th, 2015 [February 12th, 2015]
- Policy update restricts demonstrations - February 14th, 2015 [February 14th, 2015]
- Italian senators pass bill criminalizing denial of genocides - February 14th, 2015 [February 14th, 2015]
- Michael Buerk Interview - Freedom of Speech & Paris Attacks - Video - February 14th, 2015 [February 14th, 2015]
- 'Freedom Of Speech' Topic Tuesday #12 - Video - February 14th, 2015 [February 14th, 2015]
- One dead after shots fired at Copenhagen freedom of speech meeting - February 15th, 2015 [February 15th, 2015]
- Shots Fired at Copenhagen Free Speech Event: Reports - February 15th, 2015 [February 15th, 2015]
- One man dead and three policemen wounded at freedom of speech seminar in Denmark - February 15th, 2015 [February 15th, 2015]
- Copenhagen caf: two gunmen in terror attack at freedom of speech event - February 15th, 2015 [February 15th, 2015]
- One dead in gun attack on Danish freedom of speech meeting - February 15th, 2015 [February 15th, 2015]
- Free Speech Debate Still Alive After Attack in Denmark - February 15th, 2015 [February 15th, 2015]
- Esau uses Freedom of Speech as a weapon! - Video - February 15th, 2015 [February 15th, 2015]
- Copenhagen attacks an 'affront to freedom of speech': Tony Abbott - February 15th, 2015 [February 15th, 2015]
- Copenhagen suspect known to police - February 15th, 2015 [February 15th, 2015]
- Copenhagen police kill suspect linked to two fatal attacks - February 15th, 2015 [February 15th, 2015]
- Freedom of Speech and Freedom of Press - Lincoln University - February 15th, 2015 [February 15th, 2015]
- Copenhagen Shooting: Deadly attack at free speech meeting with cartoonist who depicted Muh - Video - February 15th, 2015 [February 15th, 2015]
- Shots fired at Copenhagens Krudttoenden cafe free speech event a report - Video - February 15th, 2015 [February 15th, 2015]
- Media Studies 104A - 2015-02-12 - Video - February 15th, 2015 [February 15th, 2015]
- WallBuilders Live 2015-02-11 Wednesday - Freedom of Speech on College Campuses - Video - February 15th, 2015 [February 15th, 2015]
- Yisrael Beytenu at Charlie Hebdo freedom of speech protest - Video - February 15th, 2015 [February 15th, 2015]
- TOI debate on freedom of speech wows Kolkata - The Times ... - February 16th, 2015 [February 16th, 2015]
- Muslims Killing Atheists! - Video - February 16th, 2015 [February 16th, 2015]
- AP Top Stories February 14 P - Video - February 16th, 2015 [February 16th, 2015]
- Duck Dynasty's Phil Robertson to Receive Freedom of Speech Award - February 17th, 2015 [February 17th, 2015]
- Freedom of speech, but... SHOTS - Video - February 17th, 2015 [February 17th, 2015]
- Letters to the editor: We must do more to stop terrorists - February 18th, 2015 [February 18th, 2015]
- Freedom Of Speech Naam Ki Koi Chiz Hoti Hai - Alia Bhatt On AIB Controversy - Video - February 18th, 2015 [February 18th, 2015]
- DoomShow,Freedom of Speech under attack by Terrrorists - Video - February 18th, 2015 [February 18th, 2015]
- Greenpeace activist refutes govt charge of being anti-national - February 19th, 2015 [February 19th, 2015]
- Jailed Al Jazeera journalist concerned about freedom of speech - February 19th, 2015 [February 19th, 2015]
- Fan claims municipal police violating freedom of speech - February 19th, 2015 [February 19th, 2015]
- Jailed journalist concerned about freedom of speech - February 19th, 2015 [February 19th, 2015]
- Denmark: Police launch manhunt for Copenhagen cafe shooter - Video - February 19th, 2015 [February 19th, 2015]
- Freedom of speech denied outside of Skillet concert Pittsburgh - Video - February 19th, 2015 [February 19th, 2015]
- Alex Jones is Right! Snowden is Right! Government Crooks Via FaceBook! - Video - February 21st, 2015 [February 21st, 2015]
- "McCann Trolling" v "Freedom of Speech" - Video - February 21st, 2015 [February 21st, 2015]
- Aamir Khan disapproves AIB Roast, KJo reacts - February 22nd, 2015 [February 22nd, 2015]
- South Africa: Post the State of the Nation Address - February 23rd, 2015 [February 23rd, 2015]
- The Great Purge of Free Speech Has Begun............ - Video - February 23rd, 2015 [February 23rd, 2015]
- Big Brother Watch calls for reform of social media communications laws - February 24th, 2015 [February 24th, 2015]
- Comment on Have an opinion? Stuff it! by boh-liao - February 24th, 2015 [February 24th, 2015]
- Sports Hotline: What happened to freedom of speech - have Rangers fans lost their right to offend? - February 24th, 2015 [February 24th, 2015]
- Freedom of Speech: Canadians support Charlie Hebdos choice to publish images of Prophet Muhammad - February 24th, 2015 [February 24th, 2015]
- Should there be limitations on freedom of speech? - Video - February 24th, 2015 [February 24th, 2015]
- Topic Tuesday #39 - Freedom of Speech? (Minecraft Survival Games Gameplay) - Video - February 24th, 2015 [February 24th, 2015]
- DW Freedom of Speech Award for Raif Badawi - February 25th, 2015 [February 25th, 2015]
- THROWDOWN THURSDAY: The Four Causes of Anti-Israelism - February 26th, 2015 [February 26th, 2015]
- FCC Reinstates Net Neutrality, Protecting Open Internet - February 27th, 2015 [February 27th, 2015]
- CPDP 2015: Online privacy versus freedom of speech. Balancing rights in the EU context. - Video - February 27th, 2015 [February 27th, 2015]
- Net neutrality lobby victorious after FCC ruling - February 27th, 2015 [February 27th, 2015]
- Freedom of speech means tolerating opposing viewpoints - March 2nd, 2015 [March 2nd, 2015]
- The Death of Freedom of Speech on the Internet - Video - March 2nd, 2015 [March 2nd, 2015]
- Dangerman - Freedom Of Speech - Video - March 2nd, 2015 [March 2nd, 2015]
- Rebel Ratepayer Raps 4 Freedom of Speech in City of Melton, Melbourne - Video - March 2nd, 2015 [March 2nd, 2015]
- Students stand up for free speech at UI - March 2nd, 2015 [March 2nd, 2015]
- John Kerry asked to act on murder of Avijit Roy - March 3rd, 2015 [March 3rd, 2015]
- Not so Charlie now? - March 4th, 2015 [March 4th, 2015]
- ISIS Supporters Threaten "Charlie Hedbo style" Attack Against Twitter Employees - March 4th, 2015 [March 4th, 2015]
- AIB trying hard about freedom of speech - Video - March 4th, 2015 [March 4th, 2015]
- Freedom of Speech situation in Bangladesh BBC World Service discussion - Video - March 4th, 2015 [March 4th, 2015]
- Noam Chomsky on Freedom of Speech and Anti-Fascism [full] - Video - March 4th, 2015 [March 4th, 2015]
- AND..Y we should stand up for freedom of speech | AIB Roast | Delhi Elections | AAP - Video - March 4th, 2015 [March 4th, 2015]
- Vclav Havel Fellowship programme helps young journalists from post-Soviet bloc states - March 5th, 2015 [March 5th, 2015]
- Murderers condemned as message of peace is North Herts conferences priority - March 5th, 2015 [March 5th, 2015]
- four freedoms speech - FDR - Video - March 5th, 2015 [March 5th, 2015]
- Watch what the youth feels about the AIB Roast Controversy & so called "freedom of speech" - Video - March 5th, 2015 [March 5th, 2015]
- freedom of speech eminem remix - Video - March 5th, 2015 [March 5th, 2015]
- Freedom of speech has no limits- - Video - March 5th, 2015 [March 5th, 2015]