Visit Beautiful Scotland! And Stay

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1908

Abstract

also know that internal police guidance on this law specifically includes references to comedians, so even a joke can be considered as intended to stir up hatred rather than laughter. That means no more friendly jokes about someone’s age, because anybody else who overhears/reads them can be offended on their behalf, and get the police involved.</p><p id="34e4">In practice, how the law is enforced will come down to the specifics of that police guidance<i>, </i>most of which remains secret<i>. </i>But<i> </i>Police Scotland have promised <i>every </i>complaint, even those made anonymously, <i>will</i> be investigated.</p><p id="010b">So, if your words are reported maliciously, that false complaint will need to be investigated, and the person making it need face no consequences when it proves false. Said investigation might include an interview under caution, a search of your home, and having all your electronic devices seized and probably not returned until a few months later. And when you’re eventually proven innocent? You’ll still have a ‘non-crime hate incident’ on your record, as a reminder that a stranger thought you might be guilty, so on some level, you probably are.</p><h2 id="c2b4">What’s this got to do with Medium?</h2><p id="1219">No exceptions are made for journalism or fiction, any more than comedy or theatrical performances. In effect, this law covers anything and everything you publish here… and I do mean <i>you.</i></p><h2 id="fdf5">What if I’m not in Scotland?</h2><p id="4a5d">Scots law regarding the internet says that what is viewed in Scotland was <i>published </i>in Scotland. And if you wrote it, you published it. Not Medium. <i>You</i>. So if it contravenes Scottish law, <i>you </i>are liable, wherever you happen to be.</p><h2 id="0f73">What if I just don’t visit Scotland?</h2><p id="997f">I hate to say it, but that seems like a wise choice. Of course, stay

Options

ing out of Scotland doesn’t help if you live in England or Wales. There’s no need for extradition between the countries of the UK, so Police Scotland can just come down and pick you up wherever you are, or they can ask your local force to deliver you to Scotland.</p><h2 id="6a4b">What if I just don’t hate anyone?</h2><p id="1e2e">That’s also — and always, everywhere — a wise choice. And it’s an easy choice to make… if you’re among the privileged elite who actually know what ‘hate’ means in this context, and if no one maliciously interprets your words as hatred.</p><p id="4073">And even that doesn’t matter, because you may be too late. The same law that says being viewed in Scotland is publishing in Scotland, also says your story being viewed today is you publishing<i> </i>it <i>today</i>. So anything you wrote in the past, before the law existed, could still break the law in the future.</p><p id="6906">This means if you haven’t always complied with this vague and unknowable law, you could be in trouble. And even if you have complied, someone who doesn’t like you can still report you for something you wrote in good faith, years ago.</p><h2 id="a4a1">Does that mean Scotland has armed internet trolls worldwide with the full force of the law with which to harass Scots?</h2><p id="9d82">Aye, it does.</p><h2 id="d620">Is Scotland aff its heid?</h2><p id="80fc">Oh, aye. Pure radge.</p><p id="202d"><i>No, this is not an April Fools joke, and the suggestion it is may put you in breach of Scottish law.</i></p><figure id="cfa7"><img src="https://cdn-images-1.readmedium.com/v2/resize:fit:800/1*sp4yajodYyzTIEpHCNt6lg.jpeg"><figcaption>A Scottish police officer, in 1984. Via Wikimedia Commons, CC 2.0</figcaption></figure><p id="f569">[1] <a href="https://www.legislation.gov.uk/asp/2021/14/contents">Hate Crime and Public Order (Scotland) Act 2021</a> (Legislation.gov.uk)</p></article></body>

We have the finest prisons [Ed: ‘fullest’?]

The Hate Crime and Public Order (Scotland) Act 2021¹ takes effect from 1 April, 2024. Yes, it’s taken Scotland’s police and judicial system nearly three years to prepare for the law’s impact.

Here’s why, and how it affects you.

From April 1, Scotland will make it illegal to say, broadcast, publish, or possess (with the intent of sharing) any words or images “a reasonable person would consider to be threatening, abusive or insulting” if there is an intent “to stir up hatred against a group of persons based on the group being defined by reference to a characteristic mentioned in subsection (3)”

Those characteristics are:

age

disability

religion (or for a social or cultural group, perceived religious affiliation)

sexual orientation

transgender identity

variations in sex characteristics

What is ‘hate’, and what counts as intent to stir it up?

No one seems to know, and we’re unlikely to know until the courts make case law.

What we do know is that if ‘the victim’ or anyone else considers material to be motivated by hate, then it will be construed as hate by the police, if not ultimately by the courts. We also know that internal police guidance on this law specifically includes references to comedians, so even a joke can be considered as intended to stir up hatred rather than laughter. That means no more friendly jokes about someone’s age, because anybody else who overhears/reads them can be offended on their behalf, and get the police involved.

In practice, how the law is enforced will come down to the specifics of that police guidance, most of which remains secret. But Police Scotland have promised every complaint, even those made anonymously, will be investigated.

So, if your words are reported maliciously, that false complaint will need to be investigated, and the person making it need face no consequences when it proves false. Said investigation might include an interview under caution, a search of your home, and having all your electronic devices seized and probably not returned until a few months later. And when you’re eventually proven innocent? You’ll still have a ‘non-crime hate incident’ on your record, as a reminder that a stranger thought you might be guilty, so on some level, you probably are.

What if I just don’t visit Scotland?

I hate to say it, but that seems like a wise choice. Of course, staying out of Scotland doesn’t help if you live in England or Wales. There’s no need for extradition between the countries of the UK, so Police Scotland can just come down and pick you up wherever you are, or they can ask your local force to deliver you to Scotland.

What if I just don’t hate anyone?

That’s also — and always, everywhere — a wise choice. And it’s an easy choice to make… if you’re among the privileged elite who actually know what ‘hate’ means in this context, and if no one maliciously interprets your words as hatred.

And even that doesn’t matter, because you may be too late. The same law that says being viewed in Scotland is publishing in Scotland, also says your story being viewed today is you publishing it today. So anything you wrote in the past, before the law existed, could still break the law in the future.

This means if you haven’t always complied with this vague and unknowable law, you could be in trouble. And even if you have complied, someone who doesn’t like you can still report you for something you wrote in good faith, years ago.