Police Scotland said social media comments made by British author JK Rowling challenging Scotland’s new hate crime law are not being treated as criminal. BBC News Scotland reported Tuesday Rowling described several transgender women as men, including convicted prisoners, transgender activists and other public figures. The hate crime law creates a new crime of stirring up hatred related to protected characteristics. While Police Scotland confirmed complaints against Rowling had been received, no action will be taken. She celebrated Police Scotland not wanting to lay charges against her. “I hope every woman in Scotland who wishes to speak up for the reality and importance of biological sex will be reassured by this announcement, and I trust that all women — irrespective of profile or financial means — will be treated equally under the law,” she said. .The Hate Crime and Public Order Act (HCPOA) came into effect on Monday and makes it a criminal offence to make derogatory comments based on disability, religion, sexual orientation and gender identity. Stirring up hatred based on race, skin colour, nationality or ethnicity was criminalized in Great Britain under the Public Order Act, but it is now included in the HCPOA. British Prime Minister Rishi Sunak declined to be drawn into whether or not he supported Rowling’s approach, saying it was “not right for me to comment on police matters, individual matters.”“We should not be criminalizing people saying common sense things about biological sex — clearly that isn't right,” said Sunak. “We have a proud tradition of free speech.”Scottish First Minister Humza Yousaf said racist graffiti that appeared near his home is a reminder of why Scotland must take a zero tolerance approach to hate crimes. Yousaf said the HCPOA was designed to deal with a rising tide of hatred in society. “The prime minister's comments ignore the fact that the right to freedom of expression is built into the Act and that it also has a high threshold for criminality,” said Yousaf’s spokesperson. “The legislation does not prevent people expressing controversial, challenging or offensive views nor does it seek to stifle criticism or rigorous debate in any way.”It states it is a defence for a person charged with stirring up hatred to show their actions were reasonable. Additionally, it references freedom of expression in the European Convention on Human Rights, which includes protection for ideas offending, shocking or disturbing people. At the heart of Rowling’s criticism is the HCPOA does not include biological sex as a protected characteristic.The Scottish government pointed out it is planning a separate law to tackle hatred and harassment of women, which will be introduced by the end of the parliamentary term in 2026.Rowling stood by her advocacy for sex-based rights for biological women on Monday. READ MORE: ARREST ME NOW: JK Rowling is prepared to go to jail over Scottish hate crimes lawBy passing the Scottish Hate Crime Act, Rowling said politicians “seem to have placed higher value on the feelings of men performing their idea of femaleness, however misogynistically or opportunistically, than on the rights and freedoms of actual women and girls.”“The new legislation is wide open to abuse by activists who wish to silence those of us speaking out about the dangers of eliminating women's and girls’ single-sex spaces, the nonsense made of crime data if violent and sexual assaults committed by men are recorded as female crimes and the grotesque unfairness of allowing males to compete in female sports,” she said.
Police Scotland said social media comments made by British author JK Rowling challenging Scotland’s new hate crime law are not being treated as criminal. BBC News Scotland reported Tuesday Rowling described several transgender women as men, including convicted prisoners, transgender activists and other public figures. The hate crime law creates a new crime of stirring up hatred related to protected characteristics. While Police Scotland confirmed complaints against Rowling had been received, no action will be taken. She celebrated Police Scotland not wanting to lay charges against her. “I hope every woman in Scotland who wishes to speak up for the reality and importance of biological sex will be reassured by this announcement, and I trust that all women — irrespective of profile or financial means — will be treated equally under the law,” she said. .The Hate Crime and Public Order Act (HCPOA) came into effect on Monday and makes it a criminal offence to make derogatory comments based on disability, religion, sexual orientation and gender identity. Stirring up hatred based on race, skin colour, nationality or ethnicity was criminalized in Great Britain under the Public Order Act, but it is now included in the HCPOA. British Prime Minister Rishi Sunak declined to be drawn into whether or not he supported Rowling’s approach, saying it was “not right for me to comment on police matters, individual matters.”“We should not be criminalizing people saying common sense things about biological sex — clearly that isn't right,” said Sunak. “We have a proud tradition of free speech.”Scottish First Minister Humza Yousaf said racist graffiti that appeared near his home is a reminder of why Scotland must take a zero tolerance approach to hate crimes. Yousaf said the HCPOA was designed to deal with a rising tide of hatred in society. “The prime minister's comments ignore the fact that the right to freedom of expression is built into the Act and that it also has a high threshold for criminality,” said Yousaf’s spokesperson. “The legislation does not prevent people expressing controversial, challenging or offensive views nor does it seek to stifle criticism or rigorous debate in any way.”It states it is a defence for a person charged with stirring up hatred to show their actions were reasonable. Additionally, it references freedom of expression in the European Convention on Human Rights, which includes protection for ideas offending, shocking or disturbing people. At the heart of Rowling’s criticism is the HCPOA does not include biological sex as a protected characteristic.The Scottish government pointed out it is planning a separate law to tackle hatred and harassment of women, which will be introduced by the end of the parliamentary term in 2026.Rowling stood by her advocacy for sex-based rights for biological women on Monday. READ MORE: ARREST ME NOW: JK Rowling is prepared to go to jail over Scottish hate crimes lawBy passing the Scottish Hate Crime Act, Rowling said politicians “seem to have placed higher value on the feelings of men performing their idea of femaleness, however misogynistically or opportunistically, than on the rights and freedoms of actual women and girls.”“The new legislation is wide open to abuse by activists who wish to silence those of us speaking out about the dangers of eliminating women's and girls’ single-sex spaces, the nonsense made of crime data if violent and sexual assaults committed by men are recorded as female crimes and the grotesque unfairness of allowing males to compete in female sports,” she said.
