United Kingdom - March 2024

With the enactment of the Hate Crime and Public Order Act on 1 April, Scotland expanded protections for victims of hate crimes. The amendments create a new offence of “threatening or abusive” behaviour which is intended to stir up hatred on the basis of age, disability, religion, gender identity, or sexual orientation (hate crimes concerning race are already in place). The entry into force of the law (first passed by members of the Scottish Parliament in 2021) has been delayed over debates of its treatment of cases of misogyny, as well as calls, particularly from religious and cultural groups, to reinforce freedom of speech provisions. Amendments have since been passed seeking to ensure the hate crime law is aligned with Article 10 of the European Convention of Human Rights, which requires a high threshold for criminality in the new offenses.  Critics, ranging from conservative celebrities to anti-trans rights activists, continue to express concerns about the law’s potential impacts on freedom of speech despite the amendments. The Scottish Police Federation has stated that they have not received enough training to deal with the complexity of the law.

Sources: The Guardian (1), The Guardian (2), Hate Crime and Public Order Act (2021), The Scottish Parliament, Scottish Government (1), Scottish Government (2)