AS a criminologist, one of my main interests and concerns is with what is known as over-criminalisation – the overuse of laws and policing in modern society. One dimension of this over-criminalisation that often goes under the radar is the practices of the police themselves.
In England a campaign called Fair Cop has been launched to address one aspect of this problem, the policing, indeed the intimidation of people who say things deemed to be transphobic. The campaign explains that individuals have been phoned, visited and interviewed by the police for online comments or after being on television or and after sharing videos or even news clips that are already in the public domain.
In all of these cases the police are very clear that no law has been broken but their guidance on hate incidents explains that they must record and potentially get involved in ‘any non-crime incident which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice against a person who is transgender’.
On the basis of this, various police forces are intervening and contacting individuals who express an "incorrect" opinion, even though they are breaking no law. This has included a 74-year-old ex-humanist, Margaret Nelson who, in her blog questioned the idea of there being more than two sexes. Another, was ex-police officer, Harry Miller who was investigated for sharing a lyric from a feminist song on Twitter.
Mr Miller was told that despite not breaking any law he should not engage in political debate on Twitter because "some people don’t like it". The officer investigating his case explained that he had "been on a course" about trans issues and told Miller that "I need to check your thinking."
In this Orwellian nightmare, for a hate incidents to be recorded, there is no need for evidence of hate, only evidence that someone feels that there has been some hate.
Harry Miller has been granted a judicial review at the High Court about this "incident". Part of his case, he explains, is challenging the police use of the Stonewall definition of transphobia which includes a refusal to believe in the trans ideology.
Check out YouTube and you’ll find similar cases in Scotland, where street preachers in Glasgow and other city centres are arrested by the police for expressing their views about homosexuality - often egged on by what appear to be young activists keen to get the preachers to express their views, get them cuffed and dragged off the streets.
Again, in these cases there are no charges, no crime committed, just "wrong think" and a new form of intimidation and police harassment. As Harry Miller states, "Nineteen Eight-Four is now a policing manual."
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