First Minister Humza Yousaf says 'disinformation' is being spread about Scotland's new hate crime law

March 21, 2024

Scotland's first minister has said "disinformation" is being spread about controversial hate crime legislation due to come into force in April.

The Hate Crime and Public Order (Scotland) Act was passed by MSPs in 2021, creating a new offence of stirring up hatred based on protected characteristics - matching a similar offence for race which is already on the statute book.

The law - which also consolidates other hate crime regulations - has proven controversial due to its potential impact on free speech.

Earlier this week, reports emerged the police could target performers under the act, based on training undertaken by officers.

Speaking during First Minister's Questions on Thursday, Humza Yousaf said: "There has been a lot of disinformation that has been spread on social media and some inaccurate media reporting, and indeed by our political opponents, so I'm hoping in this exchange we can shed more light than heat on what is actually in the act as opposed to what is being said about it."

Mr Yousaf said similar laws were "nothing new in Scotland", adding: "If I have the protection against somebody stirring up hatred because of my race - and that has been the case since 1986 - why on earth should these protections not exist for someone because of their sexuality, or disability, or their religion?"

The first minister added there was a "very high threshold" to be met for prosecution.

He went on to argue there was a "triple lock" in the act to preserve freedom of expression.

He said that the freedom to criticise, insult and offend "exists and should be treasured", while he added that he had "full confidence" in police to look beyond "vexatious" claims.

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Afterwards, Scottish Tory leader Douglas Ross said: "In just 11 days' time, the police will have to enforce an unworkable and dangerous law.

"Officers have had just a few hours training for a very complex and controversial law.

"Officers are being told not to investigate actual crimes, but instead they'll have to look for the Hate Monster and police free speech. Criminals will be let off, while innocent people are prosecuted.

"Humza Yousaf is setting the police up for failure and undermining public trust in policing. He is putting frontline officers in an impossible position by forcing them to police free speech.

"Huge numbers of the public could be monitored by the police - or even criminalised - when they've done nothing wrong."

Mr Ross said the legislation is "set to be a shambles from day one".

He added: "Humza Yousaf has created another bad SNP law that will quickly descend into chaos."

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