Scotland’s hate crime law: the problem with using public order laws to govern online speech

Scotland’s new hate crime law came into force on April 1, sparking immediate controversy over its potential effects on freedom of speech and expression, especially online. The Hate Crime and Public Order (Scotland) Act expands on current laws about crimes that have the possibility to stir up hatred, in Scotland only.

A “hate crime” itself is not its own specific offence under existing laws, or the new law. But if you are found to commit another crime (for example...