Police organisation claims hate speech law will 'paralyse' free speech

Controversial new legislation on hate crime could mean police officers have to determine what amounts to free speech, the Scottish Police Federation (SPF) has warned.

The body, which represents rank and file officers, said this would have a devastating impact on the force.

It claimed measures in the Scottish Government's Hate Crime Bill could mean performing or playing some songs could be criminalised.

The organisation is the latest to oppose the proposed new legislation after the Law Society of Scotland announced it has "significant reservations'' about the Bill.

The Hate Crime and Public Order (Scotland) Bill will, if passed, create an offence of "stirring up hatred'' against a protected group, expanding on existing laws protecting racial groups.

But in a submission to MSPs on Holyrood's Justice Committee, the SPF said this proposal "complicates the law and is in our opinion too vague to be implemented''.

Training police in the legislation could cost between £3.5 million and £4 million - assuming officers are given a day of this, the SPF said.

It said: "We cannot support a Bill which appears to paralyse freedom of speech in Scotland, particularly when threatening conduct is already a well-recognised criminal offence which does not require duplication.

"This Bill will, if passed, paralyse freedom of expression for both individuals and organisations by threatening prosecution for the mere expression of opinion which may be unpopular.''

The SPF noted song lyrics "in certain genres of music promote and glorify the injury and murder of police officers, or sexual objectification of women for example'' adding "performers have a long history of protest, activism, or depending on your particular point of view, simply promoting bad taste or abhorrent ideals''.

Referring to the hit song Blurred Lines by Robin Thicke, it noted "many believe this song glorifies rape''.

The SPF added: "It is conceivable the performance (or indeed playing) of this song could constitute an offence under the stirring up hatred provisions whereas those that advocate or promote violence against police officers would not.

"Is this the intention of the Bill?''

SPF general secretary Calum Steele said the organisation is "firmly of the view this proposed legislation would see officers policing speech and would devastate the legitimacy of the police in the eyes of the public''.

"That can never be an acceptable outcome - and we should never forget that the police in Scotland police only with the consent of the people,'' he said.

"Police officers are all too aware that there are individuals in society who believe that to feel insulted or offended is a police matter.

"The Bill would move even further from policing and criminalising of deeds and acts to the potential policing of what people think or feel, as well as the criminalisation of what is said in private.''

He added: "If the Bill as presented is passed, those accused of the new offences of stirring up hatred will not have the opportunity to prove that they did not intend to stir up hatred or that they had no reason to suspect their conduct would do so.

"We do not for one second suggest that prejudice, racism or discrimination are desirable qualities in our society but the need to address those matters when they reach a criminal level is met by laws already in place and the cost to free speech of going further with this Bill is too high a price to pay for very little gain.''

A Scottish Government spokeswoman said: "The Bill does not seek to stifle criticism or rigorous debate in any way.

"People will still be able to express controversial, challenging or even offensive views as long as this is not done in a threatening or abusive way that is intended to stir up hatred or likely to stir up hatred.

"The Bill includes provisions on freedom of expression to ensure the prohibition on stirring up hatred will not unduly restrict people's right to express their faith, or to criticise religious beliefs or practices or sexual practices. Stirring up of hatred offences are not new - they have been part of the law for decades for race, with the Bill extending these to cover characteristics such as religion and sexual orientation, but where 'insulting' is not included as part of the conduct that may constitute a criminal offence."

She said the Bill will "increase confidence in policing" among communities affected by hate crime and the Scottish Government will continue to engage with Police Scotland and others on the legislation.

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