Hate crime Bill threatens freedom to speak about marriage

Sep 23, 2020 by

from Coalition for Marriage:

It’s going to be more difficult to disagree with same-sex marriage in Scotland – and in the rest of the UK. The new hate crime Bill there seems to confuse disagreement with hatred.

C4M is particularly concerned as there is no free speech clause on marriage (unlike England, Wales and Northern Ireland). Our sister organisation, Scotland for Marriage, has circulated the following:

“The proposals, currently making their way through the Scottish Parliament, have drawn strident criticism from every corner of Scottish society because of the potential to shut down freedom of expression. This is because the Bill:

  • has no free speech clause on marriage – unlike England, Wales and NI;
  • has thresholds so low that you could even commit a criminal offence without intending to;
  • could see people prosecuted for things said in the privacy of their own home;
  • has no free speech clause protecting discussion of transgenderism – a controversial issue which totally undermines a ‘one man, one woman’ definition of marriage;
  • has no backstop to prevent misuse of the law – unlike England and Wales where the Attorney General (or in Northern Ireland the DPP) must give permission to prosecute.

“Judges, police, lawyers, actors, comedians, academics, feminists, secularists, Christians, left and right wing commentators, civil liberties groups and politicians from almost every party have raised concerns about the hate crime Bill’s impact on free speech.”

The law covers all publications distributed in Scotland. If Police Scotland believe an English newspaper on sale in Edinburgh “is likely” to “stir up hatred”, they could get a warrant from a Scottish Court, drive down to London and arrest the editor.

Read here

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