In April, Scotland passed a controversial new law that targets hate speech, including the misgendering of transgender individuals. The Hate Crime and Public Order (Scotland) Act 2021 makes it a crime to “stir up hatred” based on several protected characteristics, such as age, disability, religion, sexual orientation, transgender identity, or being intersex. Offenders could face up to seven years in prison.
Libertarian television presenter John Stossel breaks down the repercussions:
According to the law, a person can be prosecuted if they communicate material or behave in a manner that “a reasonable person would consider to be threatening or abusive,” with the intention of stirring up hatred. For transgender identity, the threshold is lower; “insulting” behavior is enough to trigger prosecution if it is deemed “likely” to stir up hatred, even without direct intent.
In China, a single social media post that criticizes the government can cost citizens 50 social credit points, leading to arrests and blacklisting. The social credit system, which tracks citizens’ behavior, can affect career prospects, access to transportation, internet speeds and even children’s education.
CBS News recently reported on the case of a Chinese citizen who lost everything after posting comments critical of President Xi Jinping. This case illustrates how government policies, whether in liberal Scotland or authoritarian China, can harm free speech, especially online, regardless of whether they sound benign or are clearly totalitarian.
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