Alex Massie Alex Massie

Thought Crime in the Brave New Scotland

It cannot be said that Alex Salmond’s ministry is off to a good legislative start. Not when its immediate aim is, apparently, to rush through ill-considered, illiberal, speech-curbing legislation that asks the public not to worry about the detail and trust that the legal authorities will not actually enforce either the letter or the spirit of the Offensive Behaviour in Football and Threatening Communications (Scotland) Bill. According to Salmond:

“I am determined that the authorities have the powers they need to clamp down effectively on bigotry peddled online. The Internet is a force for good in so many ways – but it can also be abused by those who seek to spread hatred. That’s why the Scottish Government will bring forward legislation as soon as we can to make such online behaviour, including posts on sites like Facebook and Twitter, an indictable offence with a maximum punishment of five years in jail.

Dearie me, what a dreadful example of the Something Must Be Done school of legislating this is. I have no idea how this is supposed to work and nor, I rather suspect, do ministers. As Lallands Peat Worrier reminds us the English offence of “incitement to religious hatred” does not exist in Scotland, though prosecutions may be brought under the terms of the 1986 Public Order Act or the Criminal Justice and Licensing Act 2010 which criminalises “threatening or abusive behaviour” (however that may be defined). In other words, to the extent that threats against individuals, whether delivered by the Royal Mail or across the internet, may be fall foul of the law as it presently stands there’s no need for additional legislation at all.

Moreover, as LPW rightly asks in another post, how is this “bigotry” to be defined? At first glance it would seem to extend the protections afforded religious and racial groups to football clubs and their supporters.

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