Hate crime law will have 'detrimental effect on free speech', warns Church

 (Photo: Unsplash/EmranYousof)

Concerns have been raised about the free speech implications of plans to extend hate crime legislation in Scotland. 

The proposed Hate Crime and Public Order (Scotland) Bill "seeks to modernise and extend existing hate crime legislation".

One proposed addition to existing laws would create new offences relating to stirring up hatred that apply to all listed characteristics including age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics.  At present, the offences relate only to race.

The Scottish Parliament's Justice Committee has been seeking views on the proposals and will analyse responses in the coming months.

The Free Church of Scotland was among the respondents to the public consultation, which closed last Friday. 

In its response, the Church said it was "very concerned about the Bill's significant detrimental effect on free speech within our society", and that the current laws were already sufficient to protect against threatening or abusive behaviour.  

The Church further warned that the Bill could result in the silencing of debate and legitimate criticism.

"We recognise that there are issues in our society of genuine hatred which are wrong and should be addressed. However, we are also concerned by the tendency of some to see any criticism of their beliefs and opinions as amounting to hatred," it said.

"We believe it is possible to disagree with someone while loving and respecting them as a person. Indeed, we believe that an understanding that people hold a wide range of opinions and beliefs on a wide range of issues, and acceptance (even encouragement) of free debate about such opinions and beliefs is an essential feature of a mature democratic society.

"The issue we have with this particular Bill is that it encourages a recourse to law where there is a legitimate disagreement.

"This silences debate and prevents reconciliation between people. It undermines any efforts to understand those you disagree with."

Others have raised similar concerns about the proposed law.

Top lawyer Thomas Ross QC suggested in comments to the Daily Mail that the Bill may create a climate of self-censorship. 

"If the Scottish Government is going to create an offence that can be committed unintentionally, drafters of the legislation have to make the essentials of the offence crystal clear. They've failed to do that," he said. 

"The language used in the Bill is so difficult to understand that it will be impossible for the man or woman in the street to know when the line is likely to be crossed."

He added: "As a result a lot of interesting debate simply will never take place." 

Dr Stuart Waiton, a senior lecturer in sociology and criminology at the University of Abertay in Dundee, wrote in the Scottish Herald newspaper that the Bill is "possibly be the most illiberal and intolerant piece of legislation in any liberal democracy, worldwide", with wording that is "incredibly flexible and subjective".

He said that the legislation encroaches so far into the private sphere that it is "opening up the possibility of comments at dinner parties becoming criminal offences". 

"Unlike the laws in the rest of the UK, where the crime of 'stirring up' hatred needs evidence that it is deliberate and also threatening, here we have a new law that potentially requires neither," he said. 

In an interview on TalkRadio, he elaborated further about the possible threat to the free speech of Christians. 

"If it stands as is, potentially simply having material that could be understood to be hate-based could be a criminal offence," he said. 

"That begs the question to me about the Bible to start with, in terms of what some people might think is hateful."

News
The groundbreaking BBC series that brought Jesus to TV screens
The groundbreaking BBC series that brought Jesus to TV screens

Seventy years ago, in February 1956, the BBC aired the mini-series “Jesus of Nazareth”, which was the first filming of the life of Jesus to be created for television. This is the story …

Christians mobilised to oppose extreme abortion law changes
Christians mobilised to oppose extreme abortion law changes

Christians are being asked to urge peers to support amendments tabled by Baronesses Monckton and Stroud.

Thousands of Christians return to churches in north-east Nigeria despite years of terror
Thousands of Christians return to churches in north-east Nigeria despite years of terror

The faithful are returning “in their thousands, not hundreds” despite more than a decade of brutal violence.

Trump is '100 per cent' more spiritual after assassination attempt, says pastor friend
Trump is '100 per cent' more spiritual after assassination attempt, says pastor friend

Trump's pastor and friend Mark Burns said the US President knows "the hand of God' was on him when he survived the 2024 assassination attempt.