Police Scotland rules out criminal action against J.K. Rowling over trans-critical comments

Author's remarks on transgender women, including convicted prisoners, not deemed threatening or abusive under new hate crime law.

Police Scotland rules out criminal action against J.K. Rowling over trans-critical comments
AP Photo/Lefteris Pitarakis, File
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Police Scotland has stated that social media comments made by renowned author J.K. Rowling, challenging Scotland's new hate crime law, will not be treated as criminal. The Harry Potter writer had described several transgender women as men, including convicted prisoners, transgender activists, and other public figures.

The Hate Crime and Public Order (Scotland) Act 2021, which came into effect on Monday April 1, creates a new offense of "stirring up hatred" related to protected characteristics such as disability, religion, sexual orientation, transgender identity, or being intersex. While stirring up hatred based on race, color, nationality, or ethnicity was already illegal under the Public Order Act 1986, it is now included in the new Scottish law, BBC News reports.

Reacting to the news, Rowling posted on X, expressing hope that the announcement would reassure women in Scotland who wish to speak up about "the reality and importance of biological sex." She added that she trusted all women, regardless of profile or financial means, would be treated equally under the law, and vowed to repeat any woman's words if they were charged for "simply calling a man a man."

Since the law's implementation, Police Scotland has received more than 3,000 complaints, including some regarding a 2020 speech by First Minister Humza Yousaf, in which he highlighted the number of white people holding prominent positions in Scotland. The force assessed these complaints at the time and determined that no crime had been committed.

One of the individuals mentioned by Rowling, Katie Neeves, a transgender woman and UN Women UK delegate, accused the author of "inciting hatred" against her. Neeves expressed disappointment with Police Scotland's decision, stating that the law was designed to stop bullying, and if not enforced, it would be disappointing.

Prime Minister Rishi Sunak backed Rowling's stance, stating that the UK had a proud tradition of free speech and that people should not be criminalized for expressing "common sense things about biological sex."

The law includes a defense for individuals charged with stirring up hatred if their actions were "reasonable," and it references the right to freedom of expression, which includes protection for "ideas that offend, shock or disturb."

Supporters of Rowling welcomed Police Scotland's decision, with Susan Smith of For Women Scotland, a campaign group, expressing relief and hope that others would know they are protected for expressing similar views.

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