Thursday, December 15, 2011

Scottish Parliament Passes Ban on Religious Hate Crimes and On Incitements At Football Matches

Yesterday Scotland's Parliament passed the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill by a vote of 64-57, according to BBC News.  As explained yesterday by The Guardian, the new law follows a series of sectarian threats and football-related violence earlier this year.

The full text of the final version of the new law is available online. It creates two new offenses.  First it bans incitement of public disorder based on hatred of a religious or racial group or on hatred relating to sexual orientation, nationality or disability. It covers such conduct at or while traveling to or from football matches.

Secondly, the new law more broadly bans threats of serious violence, or other threatening communications by a person intending to stir up hatred on religious grounds, whether or not related to football matches. However, a section designed to protect freedom of expression provides:
For the avoidance of doubt, nothing in section 5(5) prohibits or restricts— (a) discussion or criticism of religions or the beliefs or practices of adherents of religions, (b) expressions of antipathy, dislike, ridicule, insult or abuse towards those matters, (c) proselytising, or (d) urging of adherents of religions to cease practising their religions.
[Updated]