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Police Scotland has announced that they will not charge author J.K. Rowling over her comments on transgender issues, despite reports from activists. This decision comes in the wake of Scotland's new Hate Crime and Public Order Act, which criminalizes "stirring up hatred" against protected groups.
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Rowling's comments, which assert that transgender "women" are in reality still men, were reported to Police Scotland for potentially breaching the new speech codes. However, the police force has stated that they will not take action against the Harry Potter author, as her comments were not deemed to be criminal. This decision marks a significant victory for Rowling, who had publicly dared the police to arrest her over her comments.
The Hate Crime and Public Order (Scotland) Act, which came into law on Monday, has been met with widespread criticism. The law carries a prison sentence of up to seven years for "stirring up hatred" against protected groups, including the disabled, ethnic minorities, and the LGBT community. Rowling's comments were reported to the police under this new law, but the decision not to charge her may set a precedent for future cases.
Rowling responded to the decision on social media, stating, "I hope every woman in Scotland who wishes to speak up for the reality and importance of biological sex will be reassured by this announcement, and I trust that all women – irrespective of profile or financial means – will be treated equally under the law." She also vowed to stand by any other woman who runs afoul of the new speech codes.
Meanwhile, Police Scotland also announced that First Minister Humza Yousaf, the driving force behind the hate speech law, will not face criminal charges over a 2020 speech in which he complained about the lack of diversity in the Scottish government. The police force stated that his comments were not "threatening, abusive or insulting" and showed no "malice or ill will" towards any person or group.
Despite criticism from all sides of the political divide, including from left-wing figures such as Rowling and liberals like comedian Joe Rogan, Yousaf has attempted to brand all opposition to the speech codes as "right-wing" attacks. He also suggested that allegedly racist graffiti found near his home justified the imposition of the restrictions on speech in Scotland.