Scotland’s controversial new hate crime laws have come into force – with a Holyrood minister saying people “could be investigated” for misgendering someone online.
The new measures aim to tackle the harm caused by hatred and prejudice but have come under fire from opponents who claim they could stifle free speech and be weaponised to “settle scores”.
The Hate Crime and Public Order (Scotland) Act came into force on Monday 1 April and aims to provide greater protection for victims and communities.
It consolidates existing legislation and introduces new offences for threatening or abusive behaviour which is intended to stir up hatred based on prejudice towards characteristics such as age, disability, religion, sexual orientation and transgender identity.
The new provisions add to the laws on the statute book for race, which have been in place UK-wide since 1986.
Sex has been omitted from the act as a standalone bill designed to tackle misogyny is expected to be laid before the Scottish parliament at a later date.
But when asked whether misgendering someone on the internet was a crime under the new law, Siobhian Brown MSP, minister for victims and community safety, said on Monday morning: “It would be a police matter for them to assess what happens.
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“It could be reported and it could be investigated – whether or not the police would think it was criminal is up to Police Scotland.”
During the interview with BBC Radio 4’s Today Programme, she added: “There is a very high threshold which is in the act which would be up to Police Scotland, and what would have to be said online or in person would be threatening and abusive.”
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Image: The ‘Hate Monster’ being used to advertise the new act. Pic: Police Scotland
‘Hatred has been far too pervasive in our society’
Speaking to Sky News about the new legislation, First Minister Humza Yousaf said: “In terms of acts of hatred, I think anybody would recognise in the last few years… hatred has been far too pervasive in our society.
“We have to take strong action against it. We have to have a zero-tolerance approach to it.
“I’ve got every confidence in police investigating matters of hatred appropriately, and of course making sure that we protect freedom of expression so vital to our democracy.”
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2:35
Sky’s Connor Gillies explains the new laws
The new laws were developed following Lord Bracadale’s independent review of hate crime legislation which concluded that new specific offences relating to stirring up hatred were needed.
The legislation was passed by a majority of MSPs in the Scottish parliament in 2021.
JK Rowling and Elon Musk have publicly criticised the act, suggesting it erodes free speech.
Those who support the new laws insist they will make Scotland more tolerant.
In a letter to Holyrood’s criminal justice committee published last week, the Association of Scottish Police Superintendents (ASPS) warned the law could be “weaponised” by an “activist fringe” across the political spectrum.
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‘They are seeing this as an opportunity to settle scores’
Speaking to Sky News, the director of campaign group For Women Scotland branded the act a “mess” and said “there will be a lot of malicious reports”.
Susan Smith said: “Much of this is very vague as stirring up offences seems to be based on someone’s perception that someone is being hateful towards them, and they can make a complaint and the police are saying they will investigate everything.
“We know that there are people out there who have lists of people they are looking to target. They are seeing this as an opportunity to settle scores and make political points.”
Image: Susan Smith, director of campaign group For Women Scotland. Pic: Sky
Police Scotland has committed to investigating every single hate complaint it receives.
At First Minister’s Questions on Thursday, Mr Yousaf said he had “absolute faith” in the force’s ability to weed out vexatious complaints.
Mr Yousaf has repeatedly said there is “disinformation” being spread about the bill and what it entails, claiming there is a “triple lock” of protection for speech.
The three safeguarding measures in the “lock” are an explicit clause on free speech, a defence for the accused’s behaviour being “reasonable” and the fact that the act is compatible with the European Convention on Human Rights.
Image: Humza Yousaf during First Minister’s Questions on Thursday. Pic: PA
‘It’s April Fools’ Day but it really is no joke’
The Scottish Conservatives have called for the act to be scrapped and the resources diverted towards frontline policing instead.
Russell Findlay MSP, shadow justice secretary for the Scottish Tories, said: “Humza Yousaf’s hate crime act comes into force on April Fools’ Day but it is really no joke for the people of Scotland.”
Image: Russell Findlay MSP. Pic: Scottish Parliament TV
Mr Findlay said it was “farcical that many officers have not yet been trained” and claimed the Scottish parliament’s criminal justice committee has not been given sight of the force’s training material despite requesting it.
He added: “Officers would rather tackle real crimes and keep communities safe, rather than having to investigate malicious and spurious complaints.”
‘Nobody in our society should live in fear’
Siobhian Brown, minister for victims and community safety, said: “Nobody in our society should live in fear and we are committed to building safer communities that live free from hatred and prejudice.
“We know that the impact on those on the receiving end of physical, verbal or online attacks can be traumatic and life-changing. This legislation is an essential element of our wider approach to tackling that harm.
“Protections for freedom of expression are built into the legislation passed by parliament and these new offences have a higher threshold for criminality than the long-standing offence of stirring up racial hatred, which has been in place since 1986.”
As riots broke out across the country last summer following the Southport attack, fear spread in a majority Muslim part of Birmingham that far-right protesters were on their way.
Locals came out on to the streets, and as I was reporting live on air, I was surrounded by a small group of masked men, swearing and gesturing to the camera.
Afterwards, as we were trying to drive away from the area, a man with a knife followed us and attempted to slash a tyre on our broadcast van.
Image: The moment Becky Johnson was confronted on camera last summer
A year on, I have returned to the area to discuss what happened with some of those who saw their city descend into chaos.
“The local community had lost faith in the local elected members as well as the local policing units,” says Naeem Yousef, 48, who lives nearby.
“They thought…the only way to protect themselves and the community was by coming out in force.”
‘You can’t control their behaviour’
Tanveer Choudhry, 56, agrees. “In every community we have our sort of, shall we call them… idiots, and you can’t control their behaviour,” he says.
“I think there was a concern that the far-right group that was coming may well be armed… so I think it was just trying to counteract what they thought was coming.”
We are sitting in a cafe, not far from where the unrest broke out last summer.
Image: Masked men surrounded the Sky team during the unrest
‘They were looking for who they thought were the enemy’
The group I’m with were invited by community activist Naveed Sadiq, who was there that day.
As well as Naveed, there are three other local Muslim men, and two white residents, including Gerry Moynihan.
He recalls deciding to stay at home that day.
“They were looking for what they thought were the enemy – white people – and trying to find white people,” he says.
“Which is why I stayed in my house, because the intelligence I had was, don’t get involved, don’t walk around, and you know, it will pass.”
I ask the group if my team and I were targeted because we were white.
Image: Gerry Moynihan says he decided not to leave his home
“It’s not because you’re white, it’s because they’re actually bored,” Naveed says. “They were wanting a bit of excitement.”
I ask if they think it would have happened if we were all British Asian.
“Of course,” Tanveer replies. “It wasn’t the fact that you were white… it was just the heat of the moment”.
Naeem believes it happened simply because the men involved “do not want anyone filming what they’re doing”.
“You could have been Asian… they would still try to get you out of the area,” he insists.
Image: Tanveer believes our team would still have been targeted if we were a different ethnicity
‘Are we going to be accepted?’
I’m keen to understand how these men feel now and whether the sentiment that brought people out on to the streets to “protect” them has been reignited by the recent protests outside hotels housing asylum seekers.
The answer, from Joe Khann, a local Muslim man, would surprise many.
“I would like to go and join them,” he says, referring to the anti-immigration protesters who have gathered several times in Epping.
“We have this problem within our own communities, and people don’t talk about it. We feel exactly the same and we understand how the English feel with the immigration,” he explains.
Image: ‘We feel exactly the same’ on immigration, says Joe Khann
“We’re having people who are getting married back home, they get married for six months, get divorced…and the government gives them all their help to get accommodation, their national insurance numbers and all that,” he says.
“We’re getting fed up within our own community because we hear this constantly.”
However, he thinks if he did try to join in protests, people would “think I’m an immigrant”.
He says he is “born here, 58, and they look at me as a foreigner or a migrant”.
Naeem agrees. “The question is for us now, as people who are born and bred in this country, what is our identity? Who are we?” he asks.
“As a white person born in this country, you are automatically accepted. Are we going to be accepted? How many generations will it take for us to be accepted?”
Image: Naeem (left) says even those born in the UK question their identity
‘You have to blame someone’
Naeem is also concerned about immigration.
“We have an influx of people that we do not know about, and they have no loyalty to the area,” he says.
“I believe that the average white guy… isn’t racist, they’re just fed up,” adds Naveed.
However, these men do have grievances, particularly with the media.
“We feel that we have a two-tier journalists system where when the colour is like mine we get different justice and when the colour is a bit paler it’s different,” Naveed says.
Image: ‘When the colour is like mine we get different justice,’ says Naveed (left)
‘We have become the bogeyman’
“When there’s criminality, and it’s on the news, a Muslim has to be identified by his religion,” Naeem says.
He believes Muslims have become the “bogeyman” in many people’s minds.
“Where you don’t have housing for example, where the crime has increased, you have to blame someone,” he says.
“Prior it was the Irish community, now it’s the Muslim community.
“It’s a distraction from the actual real issues and how you can resolve them but let’s just put it on to the Muslim community for now, let’s just distract the whole nation and say look it’s the problem with asylum, it’s a problem with Muslims,” he says.
After leaving, I head over to the spot on the roundabout where my team were targeted last year.
As I stand there, my colleague sees a man imitating pulling the trigger of a gun at me from his car.
Sir Keir Starmer and Emmanuel Macron’s migrant deal comes into force today, with detentions set to begin by the end of the week.
The “one in, one out” pilot scheme – which allows the UK to send some people who have crossed the Channel back to France in exchange for asylum seekers with ties to Britain – was signed last week, and has now been approved by the European Commission.
It comes as 2025 is on course to be a record year for crossings.
Approximately 25,436 people have already made the journey this year, according to PA news agency analysis of Home Office figures – 49% higher than at the same point in 2024.
The scheme also means that anyone arriving in a small boat can be detained immediately, with space set aside at immigration removal centres in anticipation of their arrival.
Sir Keir said the ratification of the treaty will “send a clear message – if you come here illegally on a small boat you will face being sent back to France”.
Ministers have so far declined to say how many people could be returned under the deal, however, there have been reports that under the scheme only 50 people a week will be returned to France.
Analysis: Deal will need to go much further to work
Sky News political correspondent Rob Powellsaid while it was a “policy win” for the government, the numbers must eventually “go a lot higher” than 50 per week if it is to work as a deterrent.
“The average crossing rate is about 800 a week, so this will need to go up by a sizeable factor for that message to start seeping through to people trying to make that crossing,” Powell added.
The aim will be to make asylum seekers believe the “risk of going back to France is so big that they shouldn’t bother parting with their cash and paying smugglers” to make the crossing.
Image: Migrants in Dunkirk, France, preparing to cross the English Channel.
The Conservatives have branded the agreement a “surrender deal” and said it will make “no difference whatsoever”.
Under the terms of the agreement, adults arriving on small boats will face being returned to France if their asylum claim is inadmissible.
In exchange, the same number of people will be able to come to the UK on a new legal route, provided they have not attempted a crossing before and subject to stringent documentation and security checks.
The pilot scheme is set to run until June 2026, pending a longer-term agreement.
Home Secretary Yvette Cooper will face questions on the agreement on Sky News Breakfast this morning.
Police are warning of mass arrests if a protest in support of the banned group Palestine Action goes ahead on Saturday.
Hundreds of people are expected to turn out for the demonstration, which is understood to be planned for London.
However, the Metropolitan Police said “anyone showing support for the group can expect to be arrested.”
“We are aware that the organisers of Saturday’s planned protest are encouraging hundreds of people to turn out with the intention of placing a strain on the police and the wider criminal justice system,” said a spokesperson.
The organisers, a pressure group called Defend Our Juries, denied their protest will try to overwhelm the police and justice system.
“If we are allowed to protest peacefully and freely, then that is no bother to anyone,” said the group in a statement.
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1:29
What’s happening to Palestine Action?
Palestine Action was banned under terrorism laws after two aircraft were damaged at RAF Brize Norton on 20 June.
Home Secretary Yvette Cooper said the vandalism of the planes was “disgraceful” and accused the group of a “long history of unacceptable criminal damage”.
The ban means membership of, or support for, Palestine Action is a criminal offence punishable by up to 14 years in prison.
More than 200 people supporting the group were arrested at Defend Our Juries protests across the UK last month, many of whom held placards with the message: “I oppose genocide, I support Palestine Action.”
Downing Street has urged people not to attend this weekend’s protest.
Image: Monday’s protesters waved flags and banged pan lids
It comes after around 40 people gathered outside Labour HQ on Monday to protest the party’s stance on Gaza.
They were watched by a small group of police officers as they chanted phrases including: “Shame on Keir Starmer, shame on the Labour Party, shame on David Lammy.”
Separately, the Board of Deputies of British Jews has also confirmed it will protest this weekend, with community organisations marching through central London to Downing Street on Sunday.
They are calling for the government not to recognise the state of Palestine without all hostages taken by Hamas being released.
Last week, Sir Keir Starmer said he planned to recognise Palestine by the UN General Assembly meeting in September, unless Israel met certain conditions including agreeing a ceasefire and improving the humanitarian situation in Gaza.