紐時賞析／最高可處7年監禁 蘇格蘭仇恨犯罪法生效…J.K.羅琳「期待被捕」

Scottish Hate Crime Law Takes Effect as Critics Warn It Will Stifle Speech

蘇格蘭仇恨犯罪法生效 遭批箝制言論自由

A sweeping law targeting hate speech went into effect in Scotland on Monday, promising protection against threats and abuse but drawing criticism that it could have a chilling effect on free speech.

一項鎖定仇恨言論的全面性法律周一在蘇格蘭生效，承諾防止威脅和辱罵，但該法引發批評，稱可能對言論自由產生寒蟬效應。

The law, passed by the Scottish Parliament in 2021, expands protections for marginalized groups and creates a new charge of “stirring up hatred,” which makes it a criminal offense to communicate or behave in a way that “a reasonable person would consider to be threatening, abusive or insulting.”

蘇格蘭議會2021年通過這項法律，擴大保護邊緣群體，並設立新罪名「煽動仇恨」，將「一個理性的人認為是威脅、辱罵和侮辱」的溝通和行為定為刑事犯罪。

A conviction could lead to a fine and a prison sentence of up to seven years.

被定罪可能處以罰金和最高七年監禁。

The protected classes as defined in the law include age, disability, religion, sexual orientation and transgender identity. Racial hatred was omitted because it is already covered by a law from 1986. The new law also does not include women among the protected groups; a government task force has recommended that misogyny be addressed in separate legislation.

法律定義的受保護群體，包括年齡、身心障礙、宗教、性別定位和跨性別認同。種族仇恨被排除，因為已被1986年的一項法律涵蓋。新法也沒有將女性納入受保護群體；一個政府小組已建議透過單獨立法處理厭女症。

J.K. Rowling, the “Harry Potter” author who has been criticized as transphobic for her comments on gender identity, said the law was “wide-open to abuse by activists,” and took issue with its omission of women.

「哈利波特」作者羅琳因其性別認同言論被批評為恐跨性別者，她說，這項法律「非常容易被維權人士濫用」，並質疑該法遺漏女性。

Rowling, who lives in Edinburgh, Scotland, said in a lengthy social media post Monday that Scotland’s Parliament had placed “higher value on the feelings of men performing their idea of femaleness, however misogynistically or opportunistically, than on the rights and freedoms of actual women and girls.”

居住在蘇格蘭愛丁堡的羅琳，周一在一篇社群媒體長篇貼文寫道，蘇格蘭議會「更重視男性展現他們對女性觀點的感受，無論是厭女的還是投機的，而非實際的婦女和女孩的權利與自由」。

“I’m currently out of the country, but if what I’ve written here qualifies as an offense under the terms of the new act,” she added, “I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment.”

她補充說：「我目前在國外，但如果根據新法的條款，我寫在這裡的內容構成犯罪；我期待在我回到蘇格蘭啟蒙運動發源地時被捕。」

On Tuesday, police in Scotland said that while Rowling’s post had generated complaints, the author would not be facing criminal charges.

蘇格蘭警方周二表示，儘管羅琳的貼文引起民眾投訴，但她不會面臨刑事指控。

The new law has long had the support of Scotland’s first minister, Humza Yousaf. Yousaf was asked directly Monday about the criticism from Rowling and others who oppose the law.

這項新法長久以來受到蘇格蘭首席大臣尤沙夫支持。尤沙夫周一直接被問及羅琳和其他反對新法者的言論。

“It is not Twitter police. It is not activists, it is not the media. It is not, thank goodness, even politicians who decide ultimately whether or not crime has been committed,” Yousaf told Sky News. He said it would be up to “the police to investigate and the crown, and the threshold for criminality is incredibly high.”

尤沙夫告訴天空新聞，「決定是否犯罪的不是推特警察，不是維權人士，不是媒體，幸虧也不是政治人物」。他稱這將「交由警方和官方認定，構成犯罪的門檻會非常高」。

文／Sopan Deb 譯／羅方妤