Every millennial’s childhood hero turned TERF, JK Rowling, has challenged Scotland’s new hate crime legislation which outlawed the act of trying to “stir up hatred” on the basis of a variety of identity characteristics. Rowling took to social media to declare, “I look forward to being arrested,” as she intends to continue to misgender trans women.
The Hate Crime and Public Order (Scotland) Act 2021 created the new offence of committing “threatening or abusive behaviour that is intended to stir up hatred” based on characteristics of age, disability, religion, sexual orientation and transgender identity. Though passed three years ago, its implementation has been delayed until now.
The legislation aimed to update the existing hate crime laws in a way that “absolutely protects people in their freedom of expression” while also protecting vulnerable people from the “tide of hatred we see far too often in our society” said Humza Yousaf, Scotland’s first minister (their equivalent of prime minister).
“For me, it ensures that we’ve got a piece of legislation that will be enacted and implemented in a way that is absolutely balanced and makes sure it absolutely protects people and their freedom of expression.” Yousaf stated.
Criminal charges could see offenders receive up to seven years in prison. Notably, the act of misgendering is not a criminal offence under the new laws.
But lo’ and behold, because this law mentioned protecting people from “hatred”, many protectors of “free speech” were not a fan of how it would impact them — including The Author Who Must Not Be Named.
Infamous for her trans-exclusionary radical feminist views, Rowling took to X (formerly Twitter) to post a succession of 11 Tweets to call the laws “ludicrous”.
She then listed numerous sex offenders who identify as women, as well as various trans women activists, whom she called “men, every last one of them.”
An act that she said “qualifies as an offence under the terms of the new act,” and could see her arrested.
“Freedom of speech and belief are at an end in Scotland if the accurate description of biological sex is deemed criminal,” she wrote.
Weird how “hate” speech and “free” speech are synonymous to some people, hey? If only there was a spell that could fix that.
Rowling then ended her thread with a challenge to Scottish law enforcement: “I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment.”
The laws themselves have made it so that the threshold of criminality and what one would need to do to be arrested is “very, very high” according to Yousaf.
“Unless your behaviour is threatening or abusive and intends to stir up hatred, then you have nothing to worry about in terms of the new offences being created,” said Scotland’s first minister.
So the chances are low of Rowling actually being arrested, charged, and jailed for her hate/free speech.
However, it is hoped that once the legislation is implemented that hate speech towards vulnerable groups is lessened, and that lives are improved — or saved — as a result.
Because what should we really be protecting? Actual human lives, or the ability to post a tasteless fucking Tweet.
Growing up is realising that the magic of Harry Potter isn’t real, but being kind is, and it is far more powerful.
