Blackadder star Rowan Atkinson joins backlash against hate crimes law that 'threatens rational debate'
The comedian Rowan Atkinson has joined a chorus of opposition to the SNP’s controversial hate crimes law, warning that the proposed legislation risks stifling freedom of expression and rational debate.
The Blackadder and Mr Bean star is among 20 artists, authors, journalists and campaigners to put their names to an open letter, warning of the “unintended consequences” if the legislation is allowed to pass in its current form.
There is widespread concern that the planned law, currently making its way through Holyrood, will have a chilling impact on freedom of speech and could see people investigated and prosecuted for voicing views seen by others as inflammatory or controversial.
Among the signatories are leading pro-independence figures such as Val McDermid, the author, and Elaine C Smith, the comedian and actor who is the President of the Scottish Independence Convention.
Others include Peter Tatchell, the human rights campaigner, A C Grayling, the philosopher and author and Nick Ross, the former Crimewatch presenter.
They raised particular concern over provisions around making “stirring up hatred” an offence, even if it was not the intention of the person making the comments.
The letter states: “The Bill creates stirring up offences without any intent being examined; merely that the words, action, or artwork might do so. This offence could even be applied to being in possession of materials produced by someone else, where sharing the material could stir up hatred.
“The unintended consequences of this well meaning Bill risk stifling freedom of expression, and the ability to articulate or criticise religious and other beliefs.”
The authors added: “As currently worded, the Bill could frustrate rational debate and discussion which has a fundamental role in society including in artistic endeavour. The arts play a key part in shaping Scotland’s identity in addition to being a significant economic contributor.
“The right to critique ideas, philosophical, religious and other must be protected to allow an artistic and democratic society to flourish."
The hate crimes Bill is currently making its way through Holyrood. The Scottish Government has said it is intended to consolidate existing laws around hate crime.
The Bill introduces new offences related to “stirring up hatred” in respect of the characteristics of age, disability, religion, sexual orientation and transgender identity. Crucially, it would also make it an offence if “it is likely that hatred would be stirred up”, even if it was not the person’s intention.
There are fears that the likes of JK Rowling would have been targeted by the new law, after she voiced her views on transgender issues, which caused a storm of protest from these who support making it eaiser to legally change gender.
There are also fears that actors could be investigated for playing characters that express views not seen as politically correct, or that newspaper columnists could be targeted for expressing their opinions. Even remarks expressed in private come under the scope of the law, although the Scottish Government has strongly rejected claims that it poses a risk to free speech.
Among those to so far voice concerns are the Law Society of Scotland, the Scottish Newspaper Society, the Scottish Police Federation and the Catholic Church.
Fraser Sutherland, Chief Executive of Humanist Society Scotland, which organised the joint letter said: “The Bill as proposed has behind it some sound intentions, however it is clear from the broad support to our joint letter that concerns remain about poorly drafted provisions. The failure of the Bill to require intent to be proven in court on some offences risks a significant chilling effect on free expression.”
A spokesman for the Scottish Government said: “As the Justice Secretary has made clear, we will continue to work with stakeholders and opposition where there are genuine concerns raised about the implications of the Hate Crime Bill.
"But the Bill does not seek to stifle criticism or rigorous debate in any way, people can express controversial, challenging or offensive views as long as this is not done in a threatening or abusive way that is intended or likely to stir up hatred. The Bill includes explicit provisions on protection of freedom of expression.
“The law should protect vulnerable groups and minorities and this Bill – which follows an independent, judge-led review and is backed by a number of organisations – will increase confidence in policing to those communities affected by hate crime.
“We will fully consider the views collected in the consultation and continue to engage with Police Scotland, the Crown Office and Procurator Fiscal Service, stakeholders and the opposition as the Bill progresses through Parliamentary scrutiny.”
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