What representations it has made to the UK Government regarding the provisions in the Online Safety Act 2023 concerning hate speech and inc…

While regulation of the internet remains reserved, we have consistent and robust engagement with UK Ministers and Ofcom to strengthen a range of online protections, including as part of the Online Safety Act 2023.The Scottish Government unequivocally condemns all forms of hatred and prejudice, including hate speech and the incitement of racial or religious hatred online. We are clear that behaviour which targets individuals or communities on the basis of their protected characteristics is unacceptable, whether it takes place offline or online. We would encourage the reporting of such behaviour to Police Scotland.There are already a range of offences that can be used to prosecute threatening behaviour online. These include the offence of ‘threatening or abusive behaviour’ which has been in force since 2010 and criminalises behaving in a threatening or abusive manner that would be likely to cause a reasonable person to suffer fear or alarm. Other offences include breach of the peace, the common law offence of threats and the offence of ‘improper use of a public electronic communications network’ at section 127 of the Communications Act 2003. Additionally, the offences of stirring up racial or religious hatred and racially aggravated harassment in the Hate Crime and Public Order (Scotland) Act 2021 are enforceable.