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Scotland hate crime law sees '10,000 calls in just over eight days'

Author JK Rowling and  businessman Elon Musk have publicly criticised the Scottish law suggesting it erodes free speech
Jack Quann
Jack Quann

11.18 9 Apr 2024


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Scotland hate crime law sees '...

Scotland hate crime law sees '10,000 calls in just over eight days'

Jack Quann
Jack Quann

11.18 9 Apr 2024


Share this article


Scotland's new hate crime laws have seen police receive some 10,000 calls in just over eight days.

The Hate Crime and Public Order Act came into force on April 1st and makes it illegal to stir up hatred against certain groups in Scotland.

Police Scotland has committed to investigating every single hate complaint it receives.

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It comes as Ireland is moving to enact hate crime legislation with incoming Taoiseach Simon Harris saying he will not abandon the plan.

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 would amend Irish law in relation to the “prohibition of incitement to violence or hatred against a person or a group of persons on account of certain characteristics”.

Opponents of the bill have said it could have a “chilling” impact on free speech and Senator Michael McDowell said it could lead to “public disorder”.

On Newstalk Breakfast, Scottish Police Federation Chairman David Threadgold said the scale of reports is not manageable.

"The bill came into the statue books on the 1st of April and as I understand it, we are approaching 10,000 calls in just over eight days," he said.

"Police Scotland have said that each and every single case that is reported under this legislation will be investigated.

"With the scale that we're talking about and the size of the teams initially dealing with these types of calls before this legislation, it's simply not manageable."

'Anonymous calls'

Mr Threadgold said he's concerned those with 'genuine' concerns will be overlooked.

"What the risk is in my opinion is the genuine complainer - those who genuinely feel they are victims of crime under this legislation - could be missed," he said.

"There is clear evidence through the number of anonymous calls that are made, or people contacting me saying they are making these complaints not because they feel that they are victims of crime but they are making political or personal points."

Mr Threadgold said complaints are also being made "simply protesting against the current government in Scotland".

"The way that we can deal with that is only by throwing numbers at it," he said.

"That has an impact on our ability to deliver policing services later on in this calendar year".

'Misusing the system'

Mr Threadgold said it is clear the system is being abused.

"There is clear evidence, as we've discussed, that people are misusing the system as it is," he said.

"The way this legislation is written and the way it has appeared on the statue books is very open to interpretation.

"There's no doubt in my mind that people are taking advantage of the grey areas of the law, in the way that it's been written.

"There is no question that there were not 10,000 people in Scotland who on the 31st of March felt that they were victims of hate crimes and were waiting for the 1st of April to make a complaint," he added.

Those who support it insist the legislation gives more protection to victims while protecting free speech.

'Tackling harm'

Scotland's Minister for Victims and Community Safety Siobhian Brown said the new law creates a higher threshold for criminality.

"Nobody in our society should live in fear and we are committed to building safer communities that live free from hatred and prejudice," she said.

"We know that the impact on those on the receiving end of physical, verbal or online attacks can be traumatic and life-changing. This legislation is an essential element of our wider approach to tackling that harm.

"Protections for freedom of expression are built into the legislation passed by parliament and these new offences have a higher threshold for criminality than the long-standing offence of stirring up racial hatred, which has been in place since 1986," she added.

Author JK Rowling and businessman Elon Musk have publicly criticised the Scottish law suggesting it erodes free speech.

Main image: Police Scotland headquarters in Glasgow, 12-2-18. Image: Iain Masterton / Alamy

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David Threadgold Elon Musk Hate Crime And Public Order (Scotland) Act Hate Crime Law Hate Crime Legislation JK Rowling Newstalk Breakfast Police Scotland Scotland Scottish Scottish Police Federation Simon Harris

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