The Scottish Government will introduce a number of amendments to its controversial Offensive Behaviour at Football and Threatening Communications (Scotland) Bill, including a review period allowing lawmakers to reconsider the legislation, it has been announced today.
In its response to the Justice Committee’s report on the bill at stage 2, the Scottish Government announced that it would introduce amendments aimed at guaranteeing freedom of speech and widening the definition of ‘offensive behaviour’ to include hatred on the grounds of age and sex, as well as the review period.
Roseanna Cunningham, Minister for Community Safety, said: “The Government welcomes the Justice Committee’s conclusion that sectarianism is a blight which must be eradicated from Scottish football, and we must remember why we are acting.
“Songs are being sung at football matches in Scotland which have nothing to do with football and everything to do with hatred, violence and bigotry.
“Bombs have been sent through the post to individuals because of their links to particular football clubs. And death threats against a football manager posted on the internet.
“The police and the Lord Advocate, the most senior law officer in Scotland, have asked for better tools to do their difficult job.”
While accepting several of the Justice Committee’s recommendations, the Government rejected calls to abandon sections of the bill dealing with ‘offensive behaviour’ because they might invite legal challenges.
The Scottish Human Rights Commission had given evidence to the Justice Committee suggesting that because offensive speech was protected by the European Human Rights Convention, any attempt to prohibit it would invite challenges at Strasbourg.
The Government also left open a potential loophole highlighted by the committee, stating explicitly for the first time that hate speech broadcast live over the internet would not be covered by the bill, as it constituted ‘unrecorded speech’.
Cunningham accused the opposition parties in the Scottish Parliament – all of whom are lined up against the bill – of supporting the status quo.
“The critics need to ask themselves – are sectarian or racist or homophobic songs or songs glorifying terrorism, just part of football? Just banter? No, they are songs of hate and they have no place in a modern Scotland. Should faceless bigots be able to hide behind a computer screen peddling threats and hatred on the internet? No. This Bill sends that message loud and clear,” Cunningham said.
“The well-behaved fans of all clubs, who are the vast majority, have nothing to fear from a Bill which will make Scottish football and society better. This comes down to a choice. You can either do nothing and allow the status quo which allows the mindless bigot to thrive or we can take the strong action needed now and send out a message that this behaviour is not going to be tolerated any longer.”
The Justice Committee was split along party lines by the bill, with no opposition members endorsing the report at stage 2.
After the vote, which the SNP members of the committee carried by a margin of one, Labour MSP and deputy convener James Kelly said the committee system had been “neutered” by the nationalists’ majority in the Scottish Parliament.


