SNP concede ground on hate crime law but critics maintain it poses threat to free speech

A proposed SNP law designed to tackle hate crime will be watered down following widespread warnings the legislation poses a significant risk to free speech.

Humza Yousaf, the Scottish Justice Secretary, told MSPs he would make changes to the legislation making its way through Holyrood, following a storm of criticism.

He admitted that the current version of the bill could have led to self-censorship but rejected calls to scrap the controversial legislation entirely.

Opponents warned that the changes did not go far enough, and said the law would still pose a threat to freedom of expression in Scotland.

Previously, the legislation had stated people could be prosecuted under hate crime laws if their comments had been deemed likely to “stir up hatred” against certain groups, such as gay or trangender people, even if it had not been their intention.

There were fears that people making legitimate comments seen by others as controversial or offensive could be penalised under the law, with proposed maximum penalties of seven years imprisonment.

Mr Yousaf said the legislation would be changed so that only those judged to have deliberately sought to provoke hatred would be breaking the law.

However, opponents accused Mr Yousaf of “tinkering around the margins” and have demanded far more fundamental changes.

The Law Society of Scotland, police officers, the media industry, the Catholic Church and senior judges are among those to express serious misgivings about the proposals.

Other controversial provisions include criminalising the possession of ‘inflammatory’ material, while comments made in private would fall within the scope of the law. There have also been claims that the bill is poorly worded, with terms such as ‘stirring up hatred’ open to wide interpretation.

Credible figures have said that the author JK Rowling could have been prosecuted under the bill had it been law, for comments she has made about gender issues.

Liam Kerr, justice spokesman for the Scottish Tories, said: “Unfortunately, Humza Yousaf has not only failed to fix the problems – he has flat out refused to remove the stirring-up offences.

“The minor amendments do not go anywhere near far enough. The most controversial piece of legislation in Scottish Parliament history won’t be fixed by tinkering around the margins. Our fundamental right to freedom of speech remains under threat.”

A consultation by Holyrood’s Justice Committee about the bill, which it is currently scrutinising, attracted almost 2,000 responses, the highest figure for such a call for views in Holyrood history.

Adam Tomkins, the convenor of the committee, last night called on Mr Yousaf to publish the precise wording of the proposed changes.

The Scottish Government has said the law will consolidate existing hate crime legislation, as well as increasing protection of vulnerable groups.

Speaking at Holyrood, Mr Yousaf said he remained open to making further changes, including strengthening protections for free speech.

He said rewriting the legislation to ensure only those who intended to stir up hatred could be prosecuted was a “fundamental” change and accepted that “uncertainty” over the current wording could have led to self-censorship.

“I hope this will provide necessary reassurance that the new stirring up hatred offences strike an appropriate balance between respecting freedom of expression, while protecting those impacted by people who set out to stir up hatred," he said.

“I am very aware there are other views and concerns expressed, and I think an effective scrutiny process will ensure these are all aired during healthy and robust debate.”