Stephen Daisley Stephen Daisley

Scots poll in favour of free expression

The SNP’s determination to push on with its draconian Hate Crime Bill has put it on the wrong side of Scottish public opinion. A new poll indicates popular unease with plans to criminalise speech on everything from religion to ‘transgender identity’ if it is deemed ‘likely that hatred would be stirred up’. The Savanta ComRes poll of 1,008 Scottish adults found both generalised endorsement of classical liberal precepts such as free expression, open debate and the absence of a right not to be offended, as well as more specific concerns about the Bill itself.

The headline findings are:

  • 87 per cent of respondents agreed that free speech was an ‘important right’
  • 73 per cent said disagreement was not an indication of hatred
  • 64 per cent affirmed the view that people today are ‘too quick to shut down debate’
  • 63 per cent believe debates and disagreements ‘benefit society’
  • 64 per cent say only ‘words that incite violence’ should be criminalised, compared to 29 per cent who want to see ‘offensive’ speech proscribed

Support for general statements about free speech do not necessarily translate into electoral consequences for the SNP.

The Hate Crime Bill creates an offence of ‘stirring up hatred’ based on a raft of protected characteristics: ‘race, colour, nationality including citizenship, or ethnic or national origins… age, disability, religion or, in the case of a social or cultural group, perceived religious affiliation, sexual orientation, transgender identity, variations in sex characteristics’.

Unlike the Racial and Religious Hatred Act 2006, which applies in England and Wales, the accused need not have intended to stir up hatred to be prosecuted, and can break the law by engaging in ‘threatening’, ‘abusive’, or, in the case of race, ‘insulting’ behaviour or communications, whereas the 2006 legislation requires intent and covers only ‘threatening’ acts.

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