'Arrest me!': JK Rowling protests Scotland's new hate crime laws sarcastically urging followers to respect 'lovely Scottish lass' convicted double rapist Isla Bryson's pronouns and 'fragile flower' sex attacker Katie Dolatowski in excoriating blast

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JK Rowling has unleashed her fury at Scotland’s new hate crime law which could see people arrested for using a transgender person’s wrong pronouns.

The Harry Potter author, and prominent gender critic, posted a string of tweets on X where she sarcastically urged her followers to respect ‘lovely Scottish lass’ Isla Bryson – a convicted double rapist.

In another, she ridiculed the new legislation by referring to Katie Dolatowski, a transgender paedophile who assaulted children in supermarket toilets, as ‘fragile flower’ who was ‘rightly sent to a women’s prison in Scotland’.

The excoriating blast comes hours as the Scottish Government’s Hate Crime and Public Order became law.

The controversial new law will crimanlise threatening or abusive behaviour that is intended to stir up hatred against people on age, disability, religion, sexual orientation or transgender ideology. 

But critics have warned that it could have a chilling effect on free speech. 

JK Rowling has unleashed her furor at Scotland's new hate crime law which could see people arrested for using a transgender person's wrong pronouns

JK Rowling has unleashed her furor at Scotland’s new hate crime law which could see people arrested for using a transgender person’s wrong pronouns

The Scottish Government's Hate Crime and Public Order bill, which comes into force today, will criminalise threatening behaviour that stirs up hatred against people because of their characteristics

The Scottish Government’s Hate Crime and Public Order bill, which comes into force today, will criminalise threatening behaviour that stirs up hatred against people because of their characteristics

The Harry Potter author ridiculed the legislation a string of tweets on X where she sarcastically urged her followers to respect 'lovely Scottish lass' Isla Bryon - a convicted double rapist

The Harry Potter author ridiculed the legislation a string of tweets on X where she sarcastically urged her followers to respect ‘lovely Scottish lass’ Isla Bryon – a convicted double rapist

Earlier today it was revealed by Scottish minister Siobhian Brown that people ‘could be investigated’ for misgendering someone online. It means Rowling could be arrested for calling a trans person ‘he’ if the police decided to do so. 

Rowling sarcastically highlighted other trans women who had been convicted of crimes.

She said Samantha Norris – a transgender charity worker who was jailed for possessing thousands of ‘abhorrent’ child abuse images – was ‘still a lady to me’.

In other posts she scoffed at those who had been given high-profile roles to represent women, such as UN Women selecting Munroe Bergdorf as its first ever UK champion. She wrote: ‘What makes a woman “a woman” has no definitive answer, says Munroe. Great choice, UN Women!’

Rowling said in a lengthy statement on X: ‘The re-definition of ‘woman’ to include every man who declares himself one has already had serious consequences for women’s and girls’ rights and safety in Scotland, with the strongest impact felt, as ever, by the most vulnerable, including female prisoners and rape survivors. 

‘It is impossible to accurately describe or tackle the reality of violence and sexual violence committed against women and girls, or address the current assault on women’s and girls’ rights, unless we are allowed to call a man a man. 

‘Freedom of speech and belief are at an end in Scotland if the accurate description of biological sex is deemed criminal.’

The author said that while she is out of the country, her series of tweets this morning ‘qualifies as an offence under the terms of the new act’.

She added: ‘I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment.’

Her comments come as feminist campaigners warned that the new bill could ‘havoc’ and gag free speech on gender rights issues. 

Asked whether misgendering someone on the internet was a crime under the new law, Scotland’s minister for victims and community safety Siobhian Brown told Radio 4’s Today programme: ‘It would be a police matter for them to assess what happens. 

Bryson, 31, formerly known as Adam Graham, from Clydebank, West Dunbartonshire, appearing outside court

Bryson, 31, formerly known as Adam Graham, from Clydebank, West Dunbartonshire, appearing outside court 

Bryson was jailed for eight years in 2023 after being found guilty of raping two women while still a man

Bryson was jailed for eight years in 2023 after being found guilty of raping two women while still a man

The Harry Potter author shared photos of Bryson before and after transitioning calling her a 'lovely Scottish lass'

The Harry Potter author shared photos of Bryson before and after transitioning calling her a ‘lovely Scottish lass’

‘It could be reported and it could be investigated – whether or not the police would think it was criminal is up to Police Scotland.’

READ HERE: Fears grow that new Scottish hate crime law may be used to gag free speech
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The Ayr MSP added: ‘There is a very high threshold which is in the Act which would be up to Police Scotland, and what would have to be said online or in person would be threatening and abusive.’

When quizzed on why women were not included in the legislation the minister said they will be ‘going for further the protection of women through our misogyny Bill, which will be laid down in Parliament’.

Yet human rights campaigner Peter Thatchall slammed the decision not to include women under the new law calling it an ‘astonishing exclusion’.

He said: ‘The big flaw in this Bill is it does not protect women against hate.’

Mr Thatchall went on to criticse the new law for allowing third-party reporting: ‘With anonymity being granted, this could open the door to vexatious and malicious complainants who will go after people and use the third-party centre as a way of getting back at people.’

A stirring-up offence on the basis of race has been on the statute book in Scotland since 1986 but the legislation has raised concerns about a potential chilling of free speech.

Prominent critics include podcaster Joe Rogan and Elon Musk, the owner of X – formerly Twitter. 

Rowling sarcastically referred to Dolatowski, a transgender paedophile who assaulted children in supermarket toilets, as 'fragile flower'. Pictured: Dolatowski at Falkirk sheriffs court

Rowling sarcastically referred to Dolatowski, a transgender paedophile who assaulted children in supermarket toilets, as ‘fragile flower’. Pictured: Dolatowski at Falkirk sheriffs court 

Dolatowski leaves Kirkcaldy Sheriff Court. Dolatowski, originally from Kirkcaldy, Fife, sexually assaulted a child in a nearby supermarket bathroom in March 2018

Dolatowski leaves Kirkcaldy Sheriff Court. Dolatowski, originally from Kirkcaldy, Fife, sexually assaulted a child in a nearby supermarket bathroom in March 2018

In one tweet, Rowling called Dolatowski a 'fragile flower'

In one tweet, Rowling called Dolatowski a ‘fragile flower’ 

 

The Harry Potter author sarcastically posted a long thread on X/Twitter as she criticised Scotland's new Hate Crime Act which came into force on April 1

The Harry Potter author sarcastically posted a long thread on X/Twitter as she criticised Scotland’s new Hate Crime Act which came into force on April 1

The Association of Scottish Police Superintendents (ASPS) also warned of the risk of vexatious complaints.

In a letter to Holyrood’s Justice Committee, they said the law could be ‘weaponised’ by an ‘activist fringe’ across the political spectrum.

READ ALSO:  Police chiefs savage hate crime flaws: officers warn new law risks being ‘weaponised’, damaging trust in force and making it harder to tackle serious crime

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Rob Hay, president of the Association of Scottish Police Superintendents, said: ‘Our concern is that it could impact through a huge uplift, potentially, in reports – some of those potentially made in good faith but perhaps not meeting the threshold of the legislation, or potentially in cases where people are trying to actually actively use the legislation to score points against people who sit on the other side of a particularly controversial debate.’ 

Ch Supt Hay warned that public trust in police could be harmed. He told BBC Radio Scotland’s The Sunday Show: ‘If you have hopes of the police intervening at a particular level and actually the criminal threshold isn’t met then potentially you are going to be disappointed and lose trust in the police. 

‘And at the other side of that, if you know fine well that something you have said does not meet the criminal threshold and yet it is reported to police and the police come and investigate you, then you in turn might feel that you’ve been stifled, you’ve been silenced.’ 

First Minister Humza Yousaf said on Friday: ‘I would say to anybody who thinks they are a victim of hatred, we take that seriously, if you felt you are a victim of hatred, then of course reporting that to police is the right thing to do.

‘If you’re thinking about making a a vexatious complaint, if you’re thinking about making a complaint and there’s no merit in that, then do know that the police will take that serious in terms of tackling vexatious complaints, and so I would urge you not to do it.’

Scotland's minister for victims and community safety Siobhian Brown said it was up to the police to decide whether someone would be arrested for misgendering

Scotland’s minister for victims and community safety Siobhian Brown said it was up to the police to decide whether someone would be arrested for misgendering 

Scotland's First Minister Humza Yousaf. There has been widespread condemnation of the new law ¿ the Hate Crime and Public Order (Scotland) Act ¿ amid fears it will be weaponised for political purposes

Scotland’s First Minister Humza Yousaf. There has been widespread condemnation of the new law – the Hate Crime and Public Order (Scotland) Act – amid fears it will be weaponised for political purposes

Chief Superintendent Rob Hay, president of ASPS, has raised serious concerns about the law in a letter to Holyrood¿s criminal justice committee

Chief Superintendent Rob Hay, president of ASPS, has raised serious concerns about the law in a letter to Holyrood’s criminal justice committee

The law was passed in 2021 and – after three years of wrangling – finally takes effect today. 

The First Minister has repeatedly said there is ‘disinformation’ being spread about the Bill and what it entails, claiming there is a ‘triple lock’ of protection for speech.

This includes an explicit clause, a defence for the accused’s behaviour being ‘reasonable’ and that the Act is compatible with the European Convention on Human Rights.

The Scottish Police Federation (SPF) has claimed training for officers is not adequate.

The Act has been a running sore for the SNP-led government in recent years, with a number of changes having to be made before it was passed and the three-year gap before it came into effect.

Critics, many of whom including the Harry Potter author hold gender-critical views, have said it would be weaponised against them.

SNP MP Joanna Cherry has previously said being under police investigation could be a punishment in itself.

Scottish Tory justice spokesman Russell Findlay – who along with his party has been an ardent opponent of the law – said: ‘Officers would rather tackle real crimes and keep communities safe, rather than having to investigate malicious and spurious complaints.

‘Humza Yousaf should bin his Hate Crime Act and instead divert resources towards frontline policing which is at breaking point.’

Police Scotland Chief Constable Jo Farrell, speaking at a meeting of the Scottish Police Authority board, said the force would apply the Act ‘in a measured way’.

She added there would be ‘close scrutiny’ of how the legislation is being enforced as well as what reports are being received.

What is the Hate Crime Act? 

The Hate Crime and Public Order (Scotland) Act, passed in 2021, followed a review of hate crime legislation by Lord Bracadale.

There has been a statutory offence of incitement to racial hatred since 1965 but the 2021 Act creates other offences of ‘stirring up’ hatred in several other categories.

These are called ‘protected characteristics’: age, disability, religion, sexual orientation, transgender identity and ‘variations in sex characteristics’ (relating to ‘physical and biological characteristics of the body’).

What does ‘stirring up’ hatred mean and how can you break the law?

It is conduct which encourages others to hate a particular group of people.

To fall foul of the law, you would have to behave in a manner that a ‘reasonable person’ would consider to be threatening or abusive – or, in the case of racial hatred, insulting.

The law also applies to communication of material – for example on social media – in addition to comments or behaviour.

Other crimes, such as assault, can be ‘aggravated’ by offences under the Hate Crime Act, if a motivation of ‘malice and

ill-will’ can be shown towards someone with ‘protected characteristics’ – for example if someone is assaulted because of their race or disability.

What is a ‘reasonable person’?

A ‘reasonable person’ is an ordinary citizen, famously referred to by Lord Devlin as the ‘man on the Clapham omnibus’ – and it is a test used in other areas of the law.

The test is intended to be objective so a police officer

or prosecutor has to put themselves in the position of a ‘reasonable person’ to make a judgment about potentially unlawful comments or behaviour.

What are the possible penalties?

Someone convicted of stirring up hatred under the Act after a jury trial could be jailed for seven years, or be hit with a fine, or both.

For a less serious offence – tried by a sheriff sitting without a jury – they could be jailed for a year, or fined, or both.

Is there any legal defence to a charge under the Act?

Yes – it is a defence to show your behaviour or commun-ication was ‘reasonable’ in the circumstances.

When considering reasonableness, there must be ‘particular regard’ to the importance of the right to free speech – even when it is offensive, shocking or disturbing.

Under the Hate Crime Act, the threshold of criminal liability is not that a victim feels offended but that a reasonable person would consider the perpetrator’s action or speech to be threatening or abusive.

Do all minorities covered by the Act have the same legal protection?

No, there are differences. ‘Race’ includes nationality and citizenship as well as colour and ethnicity.

The offence of stirring up racial hatred can be committed not only where behaviour or communication is threatening or abusive, but also where it is insulting.

This is not the case for sexual orientation, transgender identity, age or disability.

For these categories, it is not an offence if actions or speech are merely insulting – they would have to be threatening or abusive and intended to stir up hatred.

What about religion?

‘Discussion or criticism’ of religion is permitted under the Act – together with ‘expressions of antipathy, dislike, ridicule or insult’.

Stirring up hatred on religious grounds is an offence, but the threats or abuse ‘would have to be truly outrageous before the criminal law was interested’, according to legal expert Professor Adam Tomkins, a former Tory MSP.

Ridiculing or even insulting someone’s religion might be unwelcome – but it would not be criminal under the Hate Crime Act.

Does the law apply only in public?

No – it also applies to private homes, not just to comments or behaviour in public, raising the possibility that dinner party conversations could be criminalised.

Critics say this level of state intrusion is unjustifiable and Lord Bracadale, who carried out the review which led to the new law, was opposed to the move.

Professor Tomkins, a legal expert at Glasgow University, backed the broad principles of the Act – but ultimately voted against it while an MSP over the extension of its reach to people’s homes.

Will it undermine artistic freedom?

Police Scotland insists it will not ‘target’ actors and stand-up comedians who take part in productions or make jokes which could be considered to contravene the Act.

But it has said that all complaints about alleged hate crimes will be investigated – so if a spectator contacted police about a joke by Frankie Boyle, for example, it would be taken seriously.

The Scottish Police Federation (SPF), representing rank-and-file officers, has warned that the Fringe festival in Edinburgh could be ‘busier than normal’ this summer, as officers may have to question comedians who are the subject of hate crime complaints.

What have the police said about the Act?

The Association of Scottish Police Superintendents has warned that activists could seek to ‘weaponise’ the new legislation.

Officers could be swamped with vexatious complaints – at a time when Police Scotland has said it will no longer investigate minor crimes.

It also warns that public trust in the police could be damaged if the service is drawn into online spats – taking officers away from investigating more serious crime.

The SPF has said officers have not received adequate training – and believes that not all of them will have been trained in enforcement of the new legislation by today.

Will ‘misgendering’ be a criminal offence under the Act?

Women’s campaigners say no explicit safeguards have been written into the law to protect those who insist that (for example) people cannot change sex, or that only women can be lesbians.

First Minister Humza Yousaf claims that ‘if you were to say a trans man is not a real man or a trans woman is not a real woman, you would not be prosecuted’ – as long as you did not intend to stir up hatred.

JK Rowling has said she will not delete social media posts which could breach the ‘ludicrous’ law after she was embroiled in a misgendering row with transgender broadcaster India Willoughby.

What is a ‘hate incident’?

The recording of ‘non-crime hate incidents’ pre-dates the Hate Crime Act – but there could be more of them as a result of its implementation.

Officers can log an incident where no criminality has been proven to build up a picture of the prevalence of racial tension, for example, in the community, and reports can be made by third parties – such as someone who overhears a remark and believes it could be a hate crime.

Tory MSP Murdo Fraser revealed last week he was the subject of a non-crime hate incident after a trans activist reported him over a tweet critical of SNP Government non-binary policy.

Mr Fraser is threatening legal action against Police Scotland to have the policy scrapped.