JK Rowling has dared police to arrest her as the author upped her criticism of Scotland’s controversial new hate crime laws.
The Scottish Government’s new legislation came into force on Monday, despite warnings by police bodies that it will cause “havoc” for officers north of the border.
The law creates a new stirring up of hatred offence for protected characteristics – including sexual orientation, transgender identity, religion, disability and age.
Critics of the move – including Ms Rowling and billionaire businessman and investor Elon Musk – have argued that it will have a chilling effect on free speech.
The SNP community safety minister Siobhian Brown conceded on Monday that people “could be investigated” for misgendering trans people online.
The Harry Potter author, who does not believe transgender people can change their biological sex, has vowed to continue “calling a man a man” and branded the laws, which came into force today, “ludicrous”.
Ms Rowling tweeted on X, formerly Twitter: “Freedom of speech and belief are at an end in Scotland if the accurate description of biological sex is deemed criminal.”
The Scottish author said the laws were “wide open to abuse by activists who wish to silence those of us speaking out about the dangers of eliminating women’s and girls’ single-sex spaces”.
Ms Rowling also said on X that she looks forward “to being arrested” if her remarks fall foul of the new laws.
Rishi Sunak appeared to back the author, saying people should not be criminalised “for stating simple facts on biology”.
In a statement given to the Daily Telegraph, the Prime Minister promised that his party will “always protect” free speech.
“People should not be criminalised for stating simple facts on biology,” he said.
“We believe in free speech in this country, and Conservatives will always protect it.”
Asked about the criticism of Ms Rowling by trans rights campaigners – and whether misgendering someone on the internet would be considered a crime – the SNP’s community safety minister told BBC Radio 4’s Today programme: “It would be a police matter for them to assess what happens.”
“It could be reported and it could be investigated. Whether or not the police would think it was criminal is up to Police Scotland,” Ms Brown said.
David Kennedy, general secretary of the Scottish Police Federation, said trying to enforce the new law risked angering both sides in controversial online debates.
“That will cause havoc with trust in police in Scotland, it certainly will reduce that,” Mr Kennedy told the Today programme.
The head of the body representing rank and file officers said it would likely require the appeal courts to sort out the “real elements of the act and how they should be interpreted in law will come into fruition”.
Mr Kennedy added: “Our biggest complaint right from the beginning of this is there’s been no extra money given to the police service to provide the extra training … Two hours of online training is all we’ve had.”
Police Scotland recently told a committee of MSPs that “over 10,000 officers” have undergone training to enforce the new law, which means about 6,000 officers have not.
The force denied that officers had been told to “target ”comedians and actors, after it emerged last month that the training material said stirring up hatred could be carried out through “public performance of a play”.
Chief Superintendent Rob Hay, from the Association of Scottish Police Superintendents, said there could be a “huge uplift” in complaints that would put officers in a “really difficult position”.
The senior officer told the BBC on Sunday he was worried that some people would “actively use the legislation to score points against people who sit on the other side of a particularly controversial debate”.
He said members of the public may feel “aggrieved” if their details are kept by police who have received a report of a hate crime, even if they do not pursue a prosecution.
Murdo Fraser, the Scottish Conservative MSP, recently threatened Police Scotland with legal action after a complaint about one of his social media posts was logged as a non-crime hate incident, even though it was not investigated.
His post stated: “Choosing to identify as ‘non-binary’ is as valid as choosing to identify as a cat.”
SNP leader Humza Yousaf told reporters on Monday that he was “very proud” of the new hate crime law. The First Minister also insisted he is “very confident in Police Scotland’s ability in order to implement this legislation in the way it should”.
The new law consolidates existing hate crime legislation related to stirring up racial hatred. Scottish Green co-leader and minister Patrick Harvie said the fact police need to make a judgement on what constitutes a criminal offence is “not new”.
Some campaigners remain concerned that protection for women has been omitted from the new law – though the Scottish Government has vowed to introduce a standalone bill specifically designed to tackle misogyny.
Human rights campaigner Peter Tatchell has said the omission of women from hate crime law was an “astonishing exclusion”.
“There is no protection against misogyny and that is an astonishing exclusion because women are victims of incredible levels of hate and harassment,” Mr Tatchell told Today.
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