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Offensive behaviour at football
14/12/2011
New laws giving Scotland's police and prosecutors the additional tools they have asked for to extract 'poisonous songs of hatred' from Scottish football and threats of harm being posted on the internet have been passed by the Scottish Parliament today.
MSPs approved the Offensive Behaviour at Football and Threatening Communications (Scotland) Act in a final vote at Stage 3.
The Act will now go forward for Royal Assent and the new laws could be in place early next year.
The new laws create two new distinct offences, punishable through a range of penalties up to a maximum five-year prison sentence:
- The first offence targets any offensive and threatening behaviour expressed at and around football matches which is likely to cause public disorder.
- The second offence relates to the communication of threats of serious harm or which are intended to stir up religious hatred on the internet or other communications.
Community Safety Minister Roseanna Cunningham said:
"I am pleased that this important piece of legislation has been endorsed by Scotland's Parliament today and will soon become law.
"This Bill sends out an important message about the kind of Scotland we want to live in, because the vast majority of people in this country have no time whatsoever for the kind of mindless bigotry that has attached itself to the small minority who only damage and undermine our beautiful game - or those who peddle hatred by sitting behind a computer screen posting threats of harm on the internet.
"This is the 21st century, and this kind of behaviour is simply not acceptable, so action had to be taken. The passing of these important new laws sends out a powerful message to the bigots that this behaviour will not be tolerated in a modern Scotland.
"The police and the Lord Advocate, the most senior law officer in Scotland, now have the additional tools they have asked for to do their difficult job.
"The message today is, by all means enjoy the banter and passionate support for your football teams, even passionate opposition of other football teams - it is the lifeblood of football. But sectarianism and other expressions of hate are not acceptable and it is time for it to stop. From now on, those engaging in it will face the full force of the law.
"The well-behaved fans of all clubs, who are the vast majority, have nothing to fear from new laws which will make Scottish football and society better.
"There has been a lot of debate in recent months about this legislation, but we've listened, we've acted, and the experts are firmly behind it. Scotland has shown the courage of its convictions and has taken the action needed.
"While these laws are a key step, they are only a single step and we've always said we are in this for the long-term and would be looking to bring forward further wide-ranging action over the five-year term to tackle sectarianism in all its forms.
"That is why I recently announced unprecedented funding of £9 million over the next three years, and we will now be getting on with developing a fresh approach to tackle sectarianism in different ways across society. With this new legislation in place, and working with communities and partners across the country, we are determined to take wide-ranging action to eradicate sectarianism once and for all."
A recent poll carried out by TNS-BMRB revealed that 91 per cent of Scots back stronger action to tackle sectarianism in Scottish football.
The Act will now go forward for Royal Assent. The timing of any approval being given is out with the control of the Scottish Government. For guidance, this generally takes about one month, but can take longer.
Detail on Act:
The Act provides for two new offences: Offensive Behaviour related to football and Threatening Communications.
OFFENCE A - "OFFENSIVE BEHAVIOUR"
Intended to deal with sectarian and other offensive chanting and threatening behaviour likely to cause public disorder.
The offence covers behaviour likely to lead to public disorder:
- Expressing or inciting religious, racial or other forms of hatred.
- Threatening behaviour or behaviour which would be Offensive to any reasonable person.
- Covers behaviour at and on the way to or from a "regulated football match", which includes league, European and international matches.
- Definition based on football banning orders (FBO) legislation, which means there is the potential for an FBO to be imposed in every case.
- Also covers anywhere a match is being broadcast in a public place, and travel to and from such places.
- Covers a wide range of behaviours with appropriate relevant penalties ranging from fixed penalty notices (£40) and Community Payback Orders to a maximum of five years in prison and an unlimited fine.
OFFENCE B - "THREATENING COMMUNICATIONS"
Intended to deal with threats of serious harm and threats which incite religious hatred.
The offence covers:
- Threats of serious harm intended to cause fear and alarm, or reckless as to whether they do. This includes implied threats (e.g. the posting of bullets or images depicting serious harm).
- Threats intended to incite religious hatred.
- It is a defence that the behaviour was in the situation "reasonable". This is intended to exclude artistic performance etc.
- Maximum penalty of 5 years in prison and an unlimited fine.
The offence will NOT:
- Stop peaceful preaching or proselytising.
- Restrict freedom of speech including the right to criticise or comment on religion or non-religious beliefs, even in harsh terms.
- Criminalise jokes and satire about religion or non-religious belief.