JK Rowling challenges Scotland’s new hate crime law: ‘I look forward to being arrested’
"We hope that the trans community in Scotland are reassured to see that threats, abuse, and hate are being taken seriously," Gendered Intelligence, a trans charity, has said
JK Rowling has challenged Scotland over a new hate crime law which includes an offence about “abusive” content.
The Hate Crime and Public Order (Scotland) Act came into effect on Monday (1 April) and now includes an offence of “stirring up hatred.” As per Section 4 of the Act, this can be done if someone “behaves in a manner that a reasonable person would consider to be threatening or abusive, or communicates to another person material that a reasonable person would consider to be threatening or abusive, and in doing so, the person intends to stir up hatred against a group of persons.”
The characteristics protected by the law are age, disability, religion or, in the case of a social or cultural group, perceived religious affiliation, sexual orientation, transgender identity, and variations in sex characteristics.
On Monday, Rowling, whose views on sex and gender have stirred controversy in recent years, posted a thread on X explicitly identifying several trans women as men. As well as blasting the Scottish government for prioritising “the feelings of men performing their idea of femaleness, however misogynistically or opportunistically, than on the rights and freedoms of actual women and girls,” and repeating her stance, the Harry Potter author challenged the police to arrest her.
“I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment” – JK Rowling
“I’m currently out of the country, but if what I’ve written here qualifies as an offence under the terms of the new act, I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment,” she wrote.
In a statement given to The Telegraph Prime Minister Rishi Sunak backed Rowling’s comments. Sunak said: “People should not be criminalised for stating simple facts on biology. We believe in free speech in this country, and Conservatives will always protect it.”
In a statement to Attitude Gendered Intelligence, a trans charity, refuted the idea that the legislation impacts freedom of speech. It went on to say: “The European Convention on Human Rights, which protects freedom of expression, is baked into this law. The Scottish government have been clear that this is intended to prevent serious threats and abuse at a time when hate crime against the queer community is rapidly increasing. We hope that the trans community in Scotland are reassured to see that threats, abuse, and hate are being taken seriously.”
Scotland’s SNP First Minister, Humza Yousef, has backed the law, which he helped pass in 2021 as Justice Secretary. As per STV, he has said he is “very proud” of the new law.
Despite being passed in 2021, the law is only now coming into effect to give the Scottish Police time to implement training. However, STV has reported that only 10,000 of the country’s 16,000 have completed the online training course.