Achi news desk-
The offense of racial incitement has been on the statute book in Scotland since 1986.
But the legislation has raised concerns about the possibility of chilling freedom of speech.
The Act has also raised concerns from policing bodies, with the Scottish Police Federation (SPF) claiming that training for officers is insufficient and the Association of Scottish Police Superintendents (ASPS) raising concerns about the legislation being weaponize it for political purposes.
ASPS warned that vexatious complaints could be made against people based on their views by political opponents.
What has changed?
The new law creates “hate crimes” and gives more protection to certain groups.
These include age, disability, religion, sexual orientation, and transgender identity.
The additional provisions add to the long-standing offenses of inciting racial hatred, which have been in place since 1986.
So, what is a hate crime?
Police Scotland say hate crimes are “criminal behavior and rooted in bigotry”.
Under their guidance, this includes; threatening behaviour, verbal abuse or insults including name-calling, assaults, theft and damage to property – such as graffiti thrown on walls.
The new laws also cover those who encourage others to commit hate crimes, abuse and online harassment on sites such as Facebook or Twitter (now known as X).
READ MORE: Police Scotland to use Glasgow sex shop as hate crime reporting centre
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READ MORE: Does the Scottish Government’s campaign explain what a hate crime is?
Why now?
The new laws were on the books for three years, but there was a delay in giving the police a tie to prepare.
The Bill was heavily criticized throughout the process, with ministers being forced time and time again to back down on some provisions, such as the potential impact on performers.
The new hate crime law came into force on Monday.
How can I find out more?
The Scottish Government has launched an information campaign, with adverts running online and on television.
They show people who are the subject of hate crimes, including online through social media. Accompanying the ads is the slogan: Hate Hurts.
Is hate crime a big problem in Scotland?
Recent statistics show that 5,738 hate crime allegations were reported in Scotland in 2022-23.
Siobhian Brown, Minister for Victims and Community Safety, said: “For those affected by hatred and bigotry, the consequences can be traumatic and life-changing. While we respect everyone’s right to freedom of expression, no one in our society should live in fear or be made to feel that they do not belong, and the Scottish Government is committed to building safer communities that live free from hatred and prejudice.
“We must do everything we can to give victims and witnesses the confidence to report cases of hate crime, which is why we have launched a new campaign, ‘Hate Hurts’. The campaign is informed by lived experiences, and explains what hate crime is, the impact it has on victims and how to report it.”
What have Police Scotland said?
Chief Superintendent Faroque Hussain, Police Scotland’s hate crime prevention lead, said: “Hate crime is disgusting and wrong. Targeting a person, group or community because of who they are, how they look, or how they choose to live their lives, undermines the freedoms and rights we are entitled to enjoy as human beings.
“We know that it can be difficult for people to report a hate crime, and in some cases even recognize or acknowledge that they have been a victim.
“We want everyone who is targeted by hate crime, or those who witness it, to have the confidence to come forward. They can be sure that they will be treated with dignity and respect and that there will be an investigation fully to the circumstances they report.”
