SCOTLAND’s Jewish community has warned ministers that amendments made to controversial hate crime laws could provide a “get out of jail free card” for Holocaust denial.
Holyrood’s Justice Committee is examining the Scottish Government’s Hate Crime Bill after Justice Secretary Humza Yousaf amended the threshold from “likely” to stir up hatred to “intend only”.
MSPs called on faith and belief groups to have their say on the proposals about concerns were raised over the definition of “inflammatory” material under the new law – amid fears certain religious texts could fall foul of the new rules.
READ MORE: SNP announce Hate Crime Bill climbdown after free speech row
Ephraim Borowski, director of the Scottish Council of Jewish Communities (ScoJec), told the committee he believes that the amendment to “intent only” this could provide a defence in cases of Holocaust denial.
He said: “I think that the amendment that was announced by the Cabinet Secretary is retrograde, it essentially provides a get out of jail free card for something that you’ll see very often in hate-filled posts on the internet.
READ MORE: Warning hate crime bill will make it an offence to 'insult'
“That people having posted their hatred will end their comments with ‘just saying’ or ‘just asking’.
“They are now given a get out of jail free card because they could just say ‘oh we didn’t intend to cause offence, we were merely asking a question about whether the Holocaust happened’.”
The ScoJec director added: “Unfortunately anti-Semitism is very much on the rise these days and I take the view, therefore, that it’s the victim who needs protected.
“Yes, freedom of speech is important. But there’s a balancing exercise that needs to be done, the right to free speech is not unqualified.”
Committee convener Adam Tomkins said Mr Borowski’s comments were “quite a different perspective” to the other evidence they had heard over the past weeks.
READ MORE: Lessons of the Holocaust bear repeating as we fail to learn
Other aspects of the Bill deal with “possession of inflammatory material”, which some religious groups fear might include certain religious texts and lead to malicious complaints.
Anthony Horan, director of the Catholic Parliamentary Office, said: “We’ve given the example before of the Catholic understanding of the human person and the belief that gender is not fluid and changeable.
“And that might be something that could be considered inflammatory by some people and lead to a police investigation.”
Isobel Ingham-Barrow, head of policy at the Muslim Engagement and Development organisation, said there is a need for “clear definition and guidelines as to what content is inflammatory”.
David Bradwell, who represents the Church of Scotland, agreed more clarity is needed.
Mr Bradwell said documents such as the 17th century Westminster Confession are an important part of Presbyterian history but sections of it could “very well be seen” as causing hatred towards Roman Catholics.
The committee also heard evidence from publishers about the potential impact on freedom of expression.
John McLellan, director of the Scottish Newspaper Society, said: “I still think there is a significant danger that it will make institutions like ours and everybody else involved in communication still open to investigation and action.
“Even if those actions were subsequently unsuccessful the process of investigation and all the consequences of that are as serious as being convicted.”
Mr McLellan said most publishers would seek to avoid situations where they were embroiled in lengthy and costly investigations.
Neil Barber of the Secular Society added that if people were having sleepless nights anticipating a potential lengthy court case then they simply wouldn’t make the point in the first place.
Scottish Conservative justice spokesperson, Liam Kerr, said: “A free press is the bedrock of our democracy and any threat to it must be robustly challenged.
“Publishers have voiced grave concerns over what they will feel comfortable saying in the future.
“It’s clear once again that the SNP have still not fixed the mess that they’ve made of the Hate Crime Bill.
“Any curbing of the freedom of the press would have disastrous impacts on our democracy and show Scotland in an extremely poor light.
“The Hate Crime Bill continues to face a mountain of criticism – it’s time the SNP started listening and acted on these concerns.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel