The Cabinet Secretary for Justice ():...Thus far, has not really mentioned the victims of hate crime. What
does he say to the Equality Network, Stonewall, racial equality
organisations, the Muslim Council of Scotland, the Scottish
Council of Jewish Communities, Victim Support
Scotland, HIV Scotland—all those who support the general principles
of the bill?
(Highlands and
Islands) (Lab):...I believe that the
amendments are welcome, but Ephraim Borowski of the
Scottish Council of Jewish Communities still had concerns
about online hate speech. He told the committee:
“having posted their hatred, people will then
end their comments with ‘Just saying’ or ‘Just asking.’ They are
now being given a get-out-of-jail-free card because they can say
that they did not intend to cause offence, but that they were
merely asking a question”.—[Official Report, Justice
Committee, 10 November 2020; c
27.]
I would welcome clarification from the
cabinet secretary that such an easy defence will not be possible
under the bill. In that context, it is disappointing that the
cabinet secretary has chosen not to clarify the operation of the
reasonableness defence in the bill, as the committee recommended
that he should do. Clarification could have provided reassurance
about such a scenario. I hope that he will look at that
again...
(Glasgow
Shettleston) (SNP):...I accept that we are
trying to get the balance right between different values—freedom
of speech and protecting some of the most vulnerable sections of
our community. As mentioned, it is
worth noting the warning from Ephraim Borowski of the
Scottish Council of Jewish
Communities not to go so far the other way
that freedom of expression takes over and we give a “Get out of
jail free” card for any kind of hate speech...
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