The implementing decree, which took effect on Monday April 1, of the new law in Scotland intended to combat incitement to hatred is causing a new controversy involving the author J.K. Rowling. The new law strengthens existing legislation and expands the offense of inciting hatred, particularly to transidentity, which alarms the novelist.
On social networks, J. K. Rowling recounted all the bad things she thinks about this new Scottish law: “the legislation is wide open to abuse by activists who want to silence those of us who denounce the dangers of remove spaces reserved for women. To support her point of view, she cites examples of transgender people convicted of rape or sexual assault on women or young girls. “It is impossible to accurately describe or address the reality of violence and sexual violence committed against women (…) unless we have the right to call a man a man,” he said. continued J.K. Rowling, who has spoken out in recent years on behalf of women’s rights, which she regularly opposes to the cause of transgender activists.
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Like J. K. Rowling, critics of the law have highlighted the risks they believe it represents for freedom of expression. The Prime Minister of the United Kingdom, the Conservative Rishi Sunak, said that no one should be prosecuted for “stating simple facts about biology”. “We believe in freedom of speech in this country, and the Conservatives will always protect it,” he told the Daily Telegraph.
J.K. Rowling’s position is based on the defense of freedom of speech and opinion, a principle that she places above everything else. In a defiant attitude, she expressed her impatience to be arrested if her comments fall under the new law. “Freedom of expression and belief is over in Scotland if the precise description of biological sex is seen as a criminal offence…” she argued.
Scottish Prime Minister Humza Yousaf, for his part, said he was “very proud” of the text and “very confident in the ability of the Scottish police” to implement it “as it should”, in the face of the fears expressed. The Scottish leader has also repeatedly denounced the “disinformation” which he believes reigns around this legislation, whose guarantees he highlights to protect freedom of expression and fight against abusive prosecutions. At the end of 2022, the Scottish Parliament adopted a law facilitating gender change, which the British government had blocked, a first, citing in particular risks of “significant complications by creating two gender recognition regimes within the United Kingdom” .