- Written by Megan Bonner & Katie Scott
- BBC Scotland News
image source, Getty Images
Police Scotland has announced that JK Rowling's social media comments challenging Scotland's new hate crime laws are not being treated as a criminal offence.
The Harry Potter author has portrayed several transgender women as men, including convicted prisoners, transgender activists, and other celebrities.
The new law creates a new crime of “inciting hatred” in relation to protected characteristics.
The force said the complaint had been received but no action would be taken.
In response to this news, Rowling Posted in: “I hope this announcement reassures all women in Scotland who want to speak out about the reality and importance of biological sex. “We also hope that all women, regardless of their profile or financial assets, will be reassured by this announcement. I believe that everyone should be treated equally under the law.”
“If they go after a woman just for calling a man a man, I'll repeat what she said. And they can sue us both at the same time.”
Inciting hatred based on race, colour, nationality or ethnicity was already illegal in the UK under the Public Order Act 1986, but the new law now includes it.
Police Scotland has received more than 3,000 complaints since the law came into force on Monday.
image source, Getty Images
Katie Nieves accuses JK Rowling of 'inciting hatred'
Ms Rowling mentioned Katie Nieves, a trans woman who has been appointed UK representative to UN Women, in an earlier thread on X.
The author claimed that Nieves “converted from straight to lesbian at the age of 48.”
Ms Nieves told BBC News she was “very disappointed” in Police Scotland.
She said, “JK Rowling is a bully and this act was designed to stop bullying and if they are not going to enforce it then that is very unfortunate.”
“She listed me and other transgender people and sex offenders and published it to her 14 million followers.
“It incited hatred, and as a result I received thousands of hate messages. So what she intended was done.”
Ms Nieves said the article, which has been reported around the world, was “all misinformation about me”.
She added: “It's horrible and it's really harmful.”
Nieves also confirmed that he plans to file a complaint with police, but has not yet done so.
Graffiti featuring racial slurs was seen near the first minister's home
Chancellor Rishi Sunak has previously backed Rowling's position, saying Britain has a proud tradition of free speech.
Mr Sunak did not say whether he supported her approach, saying: “It is not appropriate to comment on police matters or personal matters.”
But “people who say common sense things about biological sex should not be treated as criminals, and that's clearly not right.
“We have a proud tradition of free speech.”
Scottish First Minister Humza Yousaf says racist graffiti appearing near his home is a reminder of why Scotland must take a “zero tolerance” approach to hate crime. .
He said the law was designed to address what he called the “growing hatred” in society.
A spokesperson for the first prime minister said, “The prime minister's comments ignore the fact that the right to freedom of expression is enshrined in law and that the threshold for criminalization is high.''
“This law does not prevent people from expressing controversial, challenging or offensive views, nor does it seek to suppress criticism or rigorous debate in any way.”
Police Scotland said the majority of the complaints it received related to a speech Mr Yousaf gave in 2020, as attorney general, highlighting the number of white people in key positions in Scotland.
The force said complaints about the speech were investigated at the time and it was confirmed that no crime had been committed.
The law states that a defense for a person accused of inciting hatred is to show that their actions were “reasonable.”
It also referred to the right to freedom of expression in the European Convention on Human Rights, which includes protection for “ideas that offend, shock or disturb”.
At the heart of the criticism of hate crime laws is the fact that biological sex is not included as a protected category.
The Scottish Government says it is planning separate legislation to tackle hatred and harassment against women, which it says will be tabled at Holyrood by the end of the parliamentary term in 2026.
“A huge sense of relief”
Ms Rowling's supporters welcomed Police Scotland's decision.
Susan Smith, from For Women Scotland, which campaigned against recent proposed changes to gender laws, told the BBC's Newscast podcast: “I'm very relieved, but I don't think it happened because she pushed for it.'' Just that,” he said.
“Hopefully now people who have said similar things will know they are protected,” Smith added.
Earlier, Dr Nick Mackerell, a senior law lecturer at Glasgow Caledonian University, told BBC Radio Scotland's Drivetime that he believed it was unlikely that Mr Rowling would be prosecuted.
“Overall, I think she probably won't be prosecuted,” he said on the show, “because in the law exam, you have to verbally threaten or abuse someone, but this… This essentially means that you must instill fear and alarm in your opponent.”
“I think we're approaching the limit, but I don't think that kind of communication will allow us to do that right now.
“I also think that within the law there is protection against language being offensive or shocking and that could fall into the category of offensive or shocking, but in the criminal realm there is no.”
The lecturer continued, “There is a test for inciting hatred, and the courts have recognized it.Inciting hatred is at a fairly sophisticated level.
“So any group that thinks this law will be rolled back is wrong.”
