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 [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Bill of Rights Transcript Text - National Archives and ... [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Freedom of Speech (Stanford Encyclopedia of Philosophy) [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- 3 Muslims shot dead by Atheist || #muslimlivesmatter - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Media Studies 104A - 2015-02-10 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- USA Freedom of Speech and Jesus Christ - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- France Arrests French Comedian Dieudonne 3 Days After Charlie Hebdo Freedom of Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Charlie Hebdo's "Freedom of Speech" - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- John Robertson on Greg Shapiro's United States of Europe - S3Ep01 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- The Illuminati: The Freedom of Speech 2015 Conspiracy - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Muslims oppose insult to Islam in the name of freedom of speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- RE: HannibalTheVictor13's resentment over thunderf00t and his "freedom of speech". - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Policy update restricts demonstrations [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Italian senators pass bill criminalizing denial of genocides [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Michael Buerk Interview - Freedom of Speech & Paris Attacks - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- 'Freedom Of Speech' Topic Tuesday #12 - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- One dead after shots fired at Copenhagen freedom of speech meeting [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Shots Fired at Copenhagen Free Speech Event: Reports [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- One man dead and three policemen wounded at freedom of speech seminar in Denmark [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen caf: two gunmen in terror attack at freedom of speech event [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- One dead in gun attack on Danish freedom of speech meeting [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Free Speech Debate Still Alive After Attack in Denmark [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Esau uses Freedom of Speech as a weapon! - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen attacks an 'affront to freedom of speech': Tony Abbott [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen suspect known to police [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen police kill suspect linked to two fatal attacks [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Freedom of Speech and Freedom of Press - Lincoln University [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen Shooting: Deadly attack at free speech meeting with cartoonist who depicted Muh - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Shots fired at Copenhagens Krudttoenden cafe free speech event a report - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Media Studies 104A - 2015-02-12 - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- WallBuilders Live 2015-02-11 Wednesday - Freedom of Speech on College Campuses - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Yisrael Beytenu at Charlie Hebdo freedom of speech protest - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- TOI debate on freedom of speech wows Kolkata - The Times ... [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Muslims Killing Atheists! - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- AP Top Stories February 14 P - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Duck Dynasty's Phil Robertson to Receive Freedom of Speech Award [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Freedom of speech, but... SHOTS - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Letters to the editor: We must do more to stop terrorists [Last Updated On: February 18th, 2015] [Originally Added On: February 18th, 2015]
- Freedom Of Speech Naam Ki Koi Chiz Hoti Hai - Alia Bhatt On AIB Controversy - Video [Last Updated On: February 18th, 2015] [Originally Added On: February 18th, 2015]
- DoomShow,Freedom of Speech under attack by Terrrorists - Video [Last Updated On: February 18th, 2015] [Originally Added On: February 18th, 2015]
- Greenpeace activist refutes govt charge of being anti-national [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Jailed Al Jazeera journalist concerned about freedom of speech [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Fan claims municipal police violating freedom of speech [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Jailed journalist concerned about freedom of speech [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Denmark: Police launch manhunt for Copenhagen cafe shooter - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Freedom of speech denied outside of Skillet concert Pittsburgh - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Alex Jones is Right! Snowden is Right! Government Crooks Via FaceBook! - Video [Last Updated On: February 21st, 2015] [Originally Added On: February 21st, 2015]
- "McCann Trolling" v "Freedom of Speech" - Video [Last Updated On: February 21st, 2015] [Originally Added On: February 21st, 2015]
- Aamir Khan disapproves AIB Roast, KJo reacts [Last Updated On: February 22nd, 2015] [Originally Added On: February 22nd, 2015]
- South Africa: Post the State of the Nation Address [Last Updated On: February 23rd, 2015] [Originally Added On: February 23rd, 2015]
- The Great Purge of Free Speech Has Begun............ - Video [Last Updated On: February 23rd, 2015] [Originally Added On: February 23rd, 2015]
- Big Brother Watch calls for reform of social media communications laws [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- Comment on Have an opinion? Stuff it! by boh-liao [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- Sports Hotline: What happened to freedom of speech - have Rangers fans lost their right to offend? [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- Freedom of Speech: Canadians support Charlie Hebdos choice to publish images of Prophet Muhammad [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- Should there be limitations on freedom of speech? - Video [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- Topic Tuesday #39 - Freedom of Speech? (Minecraft Survival Games Gameplay) - Video [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- DW Freedom of Speech Award for Raif Badawi [Last Updated On: February 25th, 2015] [Originally Added On: February 25th, 2015]
- THROWDOWN THURSDAY: The Four Causes of Anti-Israelism [Last Updated On: February 26th, 2015] [Originally Added On: February 26th, 2015]
- FCC Reinstates Net Neutrality, Protecting Open Internet [Last Updated On: February 27th, 2015] [Originally Added On: February 27th, 2015]
- CPDP 2015: Online privacy versus freedom of speech. Balancing rights in the EU context. - Video [Last Updated On: February 27th, 2015] [Originally Added On: February 27th, 2015]
- Net neutrality lobby victorious after FCC ruling [Last Updated On: February 27th, 2015] [Originally Added On: February 27th, 2015]
- Freedom of speech means tolerating opposing viewpoints [Last Updated On: March 2nd, 2015] [Originally Added On: March 2nd, 2015]
- The Death of Freedom of Speech on the Internet - Video [Last Updated On: March 2nd, 2015] [Originally Added On: March 2nd, 2015]
- Dangerman - Freedom Of Speech - Video [Last Updated On: March 2nd, 2015] [Originally Added On: March 2nd, 2015]
- Rebel Ratepayer Raps 4 Freedom of Speech in City of Melton, Melbourne - Video [Last Updated On: March 2nd, 2015] [Originally Added On: March 2nd, 2015]
- Students stand up for free speech at UI [Last Updated On: March 2nd, 2015] [Originally Added On: March 2nd, 2015]
- John Kerry asked to act on murder of Avijit Roy [Last Updated On: March 3rd, 2015] [Originally Added On: March 3rd, 2015]
- Not so Charlie now? [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- ISIS Supporters Threaten "Charlie Hedbo style" Attack Against Twitter Employees [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- AIB trying hard about freedom of speech - Video [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- Freedom of Speech situation in Bangladesh BBC World Service discussion - Video [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- Noam Chomsky on Freedom of Speech and Anti-Fascism [full] - Video [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- AND..Y we should stand up for freedom of speech | AIB Roast | Delhi Elections | AAP - Video [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- Vclav Havel Fellowship programme helps young journalists from post-Soviet bloc states [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]
- Murderers condemned as message of peace is North Herts conferences priority [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]
- four freedoms speech - FDR - Video [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]
- Watch what the youth feels about the AIB Roast Controversy & so called "freedom of speech" - Video [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]
- freedom of speech eminem remix - Video [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]
- Freedom of speech has no limits- - Video [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]