The Scottish Parliament has introduced a bill repealing an old blasphemy law while introducing ‘anti-hate’ legislation.
Part two of the bill details prohibitions on “stirring up hatred”.
Just as the 1837 blasphemy law prohibited “composing, printing or publishing any blasphemous or seditious libel,” the new bill outlaws “displaying, publishing or distributing” anything that “stirs up hatred,” as well possessing “inflammatory material” or performing a hateful play. The prosecution would not even need to prove “intent” on the part of the accused; it would only need to prove that from their actions, hatred would be “likely to be stirred up.” As for what constitutes “stirring up hatred,” the law is short on specifics, leaving that judgment entirely to the subjective perception of a member of a victim group or some other third party.
If a minority finds something to be “abusive, threatening, or insulting,” then it is, under the law.
Two minor carve-outs are made for “freedom of expression,” which means it is permissible (within certain parameters) to criticise sexual behaviours, and “freedom of religion,” which means it is permissible to criticise religion.