Quote:
Originally Posted by Willd
Not unless there was someone involved in the conversation that they were specifically harassing as part of the conversation (and even then it would need active hatred, not just arguments against the religion to meet the criteria). It requires both "threatening, abusive or insulting" behaviour towards a person and the incitement against the larger group to be covered under this legislation.
The actual issue with this stuff has almost nothing to do with the legalities involved (you might have an issue with the concept of hate crimes in general but that would be a much wider issue than this specific legislation), it's all around the reporting, investigating, and recording of potential offences.
The bolded is very much the issue and all signs are that the police are already getting things badly wrong. There's been numerous arcticles and discussion around this in the past couple of weeks. The Scottish Police Federation are very concerned about this legislation as are the Association of Scottish Police Superintendents and The Scottish Police Authority. That's very concerning.
The main concern is that even where people don't cross the criminal threshold, the investigation, possible confiscation or laptops, phones, etc and the time this could all take will have a chilling effect on free speech. There is also issues around recording non hate crime incidents.
Just to show where we are right now, and this is before the new legislation comes in, a Conservative MSP is threatening to take the police to court as he just discovered that Police Scotland recorded his name for a non criminal hate incident
And this is the 'hate incident' that was the issue
And here's a report from yesterday about one of the various ways the police are acting disingeniously here. There is no confidence in how this will be policed.
Last edited by Husker; 03-29-2024 at 06:51 AM.