The British government has defended J.K. Rowling’s freedom of speech amid her challenge to Scotland’s new hate crime law, sparking a debate over free expression and transgender rights.
The British government publicly issued its support of the acclaimed author of the "Harry Potter" series. Rowling, who is recognized for her gender-critical views, challenged the law through social media by stating that several transgender women are men. Her challenge coincided with the day the law went into effect.
Rowling’s critique involved name-dropping 10 biological men pretending to be women, including individuals convicted of serious crimes. The individuals she listed included a convicted rapist, sex abusers and high-profile activists.
She provocatively anticipated arrest under the new law’s provisions – which includes "stirring up hatred" on grounds including transgender identity – highlighting the tension between legal definitions and biological sex discourse.
"I hope every woman in Scotland who wishes to speak up for the reality and importance of biological sex will be reassured by this announcement, and I trust that all women – irrespective of profile or financial means – will be treated equally under the law," the author posted on X.
"Freedom of speech and belief are at an end in Scotland if the accurate description of biological sex is deemed criminal. I'm currently out of the country, but if what I've written here qualifies as an offense under the terms of the new act, I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment."
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British Prime Minister Rishi Sunak echoed concerns about the law’s effect on police priorities and free speech rights. According to him, Britain had a proud tradition of free speech and that the new law had given the police the wrong priorities.
"We should not be criminalizing people saying common sense things about biological sex," the British leader told reporters. "Clearly that isn't right."
Police: No further action to be taken on Rowling's posts
Police Scotland, the law enforcement agency for the United Kingdom's component country, said it had received complaints concerning Rowling's social media posts. But a spokesperson for the agency remarked: "The comments are not assessed to be criminal and no further action will be taken."
The law enforcement agency also announced that Scottish First Minister Humza Yousaf – the driving force behind the hate speech law – will also not face criminal charges. Many reported the minister over his 2020 speech in the Scottish Parliament about having too many White people in the government. Yousaf delivered the speech after the 2020 death of George Floyd, which sparked the Black Lives Matter protests in the U.S. during the summer of that year.
For his part, the first minister defended the law as necessary to combat a "rising tide of hatred." He continued: "Unless your behavior is threatening or abusive and intends to stir up hatred, then you have nothing to worry about in terms of the new offenses being created."
Yousaf also ensured protection for various groups under the law, though not explicitly for women. The law, however, has sparked concerns over potential impacts on free speech and the debate around women-only spaces. Women are not protected as a group, but the Scottish National Party-led government in Edinburgh is looking at separate reforms to target misogyny.
Scottish ministers have previously said misgendering people would not be an offense under the new law. However, Minister for Victims and Community Safety Siobhan Brown said it would be a matter for police to decide. (Related: Radical new hate crime law in Scotland means people could go to jail if their words offend someone.)
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Watch as Humza Yousaf delivers a rant speech about white indigenous people in Scotland.
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