Democracy cannot exist without the right to free speech.
Free speech should be robustly defended as a fundamental freedom.
The National Secular Society has defended free speech from religious threats since our founding. We played an instrumental role in abolishing "blasphemy" laws in Britain, but serious concerns remain. Blasphemy laws still exist in Northern Ireland. And throughout the UK, religious fundamentalists seek to impose their blasphemy taboos on others through violence and intimidation.
There are also increasing attempts to categorise offending religious sensibilities as 'hate speech', making criticism, mockery or perceived 'insult' of religion a criminal act akin to racial hatred or inciting violence – in other words, a 'blasphemy law by the back door'.
Without free speech no search for truth is possible; without free speech no discovery of truth is useful; without free speech progress is checked… Better a thousand fold abuse of free speech than denial of free speech.
We are further concerned by a developing 'culture of offence' in which any speech or action deemed likely to offend religious sensibilities is considered taboo. Enforced by a toxic mix of terrorism and religious deference, this is chilling free speech through self-censorship.
We also campaign against blasphemy laws around the world, where they continue to be used to target religious and political minorities. These are sometimes described by UK politicians as 'misuse' of blasphemy laws, but we contend there are never any legitimate uses for blasphemy laws.
Being offended from time to time is the price we all pay for living in a free society. Rather than trying to silence those we disagree with, we believe the answer to speech we don't like is more speech – better speech.
We therefore campaign to protect and preserve freedom of expression, including offensive, critical and shocking speech.
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Latest updates
Widespread concern over hate crime bill must prompt rethink, says NSS
Posted: Wed, 29 Jul 2020 10:19
The National Secular Society has reiterated its call for a rethink of a hate crime bill in Scotland amid mounting concerns over its implications for free expression.
A consultation on the bill closed last Friday, prompting criticism from police representatives, legal experts, opposition politicians, press freedom advocates and others.
The NSS, which was among the first to raise the alarm over the bill, has warned that the plans are too censorious in response to the consultation.
The NSS and many others have expressed particular concern over plans to criminalise behaviour which is "threatening or abusive" and intended or "likely" to stir up hatred on various grounds, including religion.
A new campaign supported by the NSS, Free to Disagree, is urging a rethink of the bill.
And this week the Scottish parliament's justice committee, which held the consultation, suggested it had received a high volume of responses.
Police Federation criticism
The Scottish Police Federation made a particularly stinging criticism, warning that the bill would "see officers policing speech" and "devastate the legitimacy of the police in the eyes of the public".
The federation, which represents 98% of police officers in Scotland, also warned that the bill:
- "sits uncomfortably" with human rights legislation regarding the right to a fair trial;
- would lead to a significant increase in police workload;
- would mean police requiring extra training, costing £3.5-4m at "a very conservative estimate".
The federation added: "We should never forget that the police in Scotland police only with the consent of the people.
"Police officers are all too aware that there are individuals in society who believe that to feel insulted or offended is a police matter."
Cross-party criticism from politicians
In a column in the Scottish Daily Mail on Wednesday the shadow justice secretary Liam Kerr, of the Scottish Conservatives, urged the government to rethink the 'stirring up hatred' provisions in the bill.
In his submission to the consultation, Scottish Labour's justice spokesperson James Kelly expressed "serious reservations" over the proposed introduction of 'stirring up hatred' offences.
The bill has also faced criticism from Jim Sillars, a former deputy leader of Yousaf's own Scottish National Party.
Other criticism
In this weekend's Sunday Times, columnist Alex Massie wrote: "Publishing cartoons of the Prophet Muhammad would, I suspect, lead to their publisher being investigated by the police." He noted the lack of solidarity with Salman Rushdie over the Satanic Verses affair and Charlie Hebdo when its cartoonists were murdered.
On Monday the Law Society of Scotland said it had warned of "major flaws" in the bill in its consultation submission, adding that the criminal threshold on 'stirring up hatred' was too low.
Elsewhere lawyers have warned that the bill would bring "unintended consequences" and make it too difficult to know when a crime has been committed.
The Scottish Newspaper Society and the News Media Association have warned that the bill poses a threat to press freedom.
Minister hints at compromise
Amid the criticism Scotland's justice minister Humza Yousaf has hinted at the possibility of compromise.
On Friday he defended the bill on Twitter, writing: "Surely we can agree the law should protect ppl from threatening or abusive behaviour that will stir up hatred against them?"
But he added: "As I have done with every bill I have ever taken through the parliament, I will look for common ground & where necessary offer compromise."
NSS comment
NSS chief executive Stephen Evans said the "deluge" of criticism of the bill should "be a wake-up call for those responsible for it".
"The Scottish government should now realise that this bill would significantly undermine freedom of expression and press freedom, fuel demands for censorship and impede the functioning of the police and legal system.
"We welcome the justice minister's suggestion that he may be prepared to compromise. We urge him to take another look at the bill and address the concerns that have been raised in response to this consultation."
Concerns raised in 2018
Last week it also emerged that an independent body which promotes access to justice had raised concerns of the potential impact of introducing 'stirring up hatred' offences in 2018.
The Faculty of Advocates had warned that "legitimate criticism could be construed as stirring up hatred" in response to a consultation on the widening of hate crime legislation.
The Free to Disagree campaign has also published a lengthy list of the concerns which have been raised over the bill.
Image: Police Scotland Ford Focus, © Steven Straiton, via Flickr [CC BY 2.0]
Don’t erode free speech, NSS warns Scottish parliament
Posted: Thu, 23 Jul 2020 14:05
The National Secular Society has warned the Scottish parliament that proposals to outlaw 'stirring up hatred' within a bill on hate crime represent "an unacceptable erosion of freedom of expression".
The NSS said aspects of the Hate Crime and Public Order (Scotland) Bill are "excessive" and have "dangerously low" thresholds for prosecution in a submission to the parliament's justice committee.
The committee has called for views on the bill as it prepares to scrutinise it over the coming months.
NSS objections to 'stirring up hatred' offences
The NSS expressed particular concern over provisions which would criminalise behaviour which is "threatening or abusive" and intended or "likely" to stir up hatred on various grounds, including religion.
It described these measures as "wholly unnecessary" and noted that existing legislation already protects individuals from threatening and abusive behaviour likely to cause "fear or alarm".
The NSS said if the new offences are introduced, they should only cover threatening conduct and it should be necessary for the prosecution to prove criminal intent.
The society added that provisions in the bill designed to protect freedom of expression are substantially weaker than a much more robust equivalent in similar legislation in England and Wales.
The 'stirring up hatred' offences would be punishable by up to seven years' imprisonment.
Other details of NSS submission
The NSS also proposed alternative methods to challenge intolerance. These included making Scotland's school system more inclusive and enhancing citizenship education.
The NSS also welcomed the fact that the bill would repeal Scotland's blasphemy law. But it said it would be "deeply regrettable" if this advance for human rights was undermined by a crackdown on free speech.
NSS comment
NSS head of policy and research Megan Manson said the justice committee should be "deeply wary" of the Scottish government's plans.
"Hatred and extremism are serious social problems that need to be challenged. But the hate crime bill as currently drafted will be counterproductive – it will open the door to prosecutions on vague grounds.
"It will undermine freedom of expression and Scotland's wider commitment to civil liberties, while wasting the time of police and courts. It will encourage demands for censorship and a narrowing of public debate. And this in turn will undermine social harmony rather than promoting it.
"The justice committee should pressurise ministers to rethink."
Ms Manson urged NSS supporters in Scotland to respond to the call for views on the proposals if they have not done so already. The deadline for submissions is on Friday.
NSS involvement in 'Free to Disagree' campaign
The NSS is among supporters of the 'Free to Disagree' campaign, which launched last week and warns of the threat the bill poses to freedom of expression.
Since the launch NSS chief executive Stephen Evans has explained the society's support for the campaign in an opinion piece and the inaugural episode of the campaign's podcast.
Image: The Scottish parliament building, © Mary and Angus Hogg [CC BY-SA 2.0]
