JK Rowling's posts about new hate crime laws 'not criminal' - Police Scotland
JK Rowling will not be arrested after she challenged police in a scathing online attack on Scotland's controversial new hate crime law, Police Scotland said on Tuesday.
The force said they received complaints regarding the writer’s posts on X, formerly Twitter, stating transwomen are men and challenging police to arrest her for her views.
Rowling, who said she was out the country, said if her posts were an offence under the Hate Crime and Public Order (Scotland) Act – which came into force on Monday – she would “look forward to being arrested when I return to the birthplace of the Scottish Enlightenment”.
She said that “freedom of speech and belief are at an end in Scotland if the accurate description of biological sex is deemed criminal”.
A Police Scotland spokesperson said: “We have received complaints in relation to the social media post.
“The comments are not assessed to be criminal and no further action will be taken.”
The Hate Crime and Public Order (Scotland) Act came into effect on Monday, consolidating existing hate crime legislation and creating a new offence of stirring up hatred against protected characteristics.
However, women have not been given protection under the law, with the Scottish Government instead promising to bring forward legislation to tackle misogyny.
But with the new Act giving protection to transgender people, Rowling – who does not believe people can change their gender – insisted: “Freedom of speech and belief are at an end in Scotland if the accurate description of biological sex is deemed criminal.”
Rowling, who has become a fierce critic of the Scottish Government’s stance on transgender rights, has been one of the highest profile critics of the legislation.
In a social media post criticising the new laws, she insisted that the “legislation is 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”.
She argued: “It is impossible to accurately describe or tackle the reality of violence and sexual violence committed against women and girls, or address the current assault on women’s and girls’ rights, unless we are allowed to call a man a man.”
The children’s author also appeared to challenge police to arrest her if her social media posts break the new laws.
“I’m currently out of the country, but if what I’ve written here qualifies as an offence under the terms of the new act, I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment,” she said.
She highlighted well-known transgender people in her social media thread, including double rapist Isla Bryson, who changed gender while awaiting trial, and broadcaster India Willoughby, who has reported Rowling to police in England for misgendering.Humza Yousaf declared that he is “very proud” of the new laws, saying they will help protect against a “rising tide” of hatred.
The Scottish First Minister also insisted he is “very confident in Police Scotland’s ability in order to implement this legislation in the way it should”.
Prime Minister Rishi Sunak has said people should not be criminalised “for stating simple facts on biology”, as he backed the author in her criticism of the new Scottish laws.
In a statement given to The Daily Telegraph, Mr Sunak 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.”
The legislation come despite Police Scotland confirming more than an third of its officers have not yet completed an online training course in the new laws – with Deputy Chief Constable Alan Speirs saying that 10,000 of the force’s 16,000 plus officers have done so.
However Mr Yousaf said Chief Constable Jo Farrell had “made it very clear the appropriate training is absolutely being provided”.
She said recently that the new laws will be applied “in a measured way”, promising there will be “close scrutiny” of how the legislation is enforced and what reports are received.