Chamber and committees

There are a range of criminal offences that may be used to prosecute someone who disseminates false information either intending to stir up conflict, hostility or disorder or reckless as to whether their behaviour is likely to have that effect. Depending on the facts and circumstances of the particular case, these may include the common law offence of breach of the peace, the offence of threatening or abusive behaviour at section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 and, where the information is disseminated using the internet or a mobile phone, communications offences at section 127 of the Communications Act 2003.

Where a person communicates a message which is threatening, abusive or insulting and either intends or is likely to stir up hatred against a group defined by reference to their race, or communicates a message that is threatening or abusive and intends to stir up hatred against a group defined by reference to their religion, sexual orientation, age, transgender identity, variations in sex characteristics or disability, the offences of stirring up hatred at section 4 of the Hate Crime and Public Order (Scotland) Act 2021 may be relevant.

Decisions about whether a person's behaviour would amount to any of these laws is a matter for Police Scotland, COPFS and, ultimately, the court, to determine in any given case.

The Scottish Government has no plans at this time to reform the law in this area but we keep the law under continual review to ensure it is effective.