Meeting of the Parliament (Hybrid) 15 December 2020
I do not have an example, but the law needs to take account of every possible scenario. We have to be careful not to do anything that impinges on people’s freedom of speech. Some of the language that is used on social media is pretty grim, and language that I think is reasonable might not be the same as language that someone else thinks is reasonable. I hope that the cabinet secretary will tell us whether there will be further amendment to the bill to provide comfort in that regard.
On freedom of expression, Tim Hopkins, from the Equality Network, said that the Law Commission for England and Wales talked about the English provisions that take a similar approach to that of sections 11 and 12. He quoted the commission’s clarification that
“the law applies to hatred against persons, not against institutions or belief systems”,
that
“criticism of behaviour is permitted”,
and that the provisions maintain
“a space for discussion of public policy on potentially controversial issues”.
Some people argued that article 10 of the European convention on human rights, which is set out in schedule 1 to the Human Rights Act 1998, provides those protections. However, article 10 says:
“The exercise of these freedoms ... may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society”.
Therefore, it would be better for the bill expressly to incorporate the protections, rather than depend on article 10. The cabinet secretary has shown willingness to improve the freedom of expression provisions in the bill; Scottish Labour thinks that he should set out how he intends to further amend the bill in that regard at stage 2.
I am running out of time, Presiding Officer. I will comment further in my closing speech.
16:48