Tag: misogyny

Misogyny law consultation

Proposals to criminalise abusive and humiliating behaviour routinely directed at women and girls

Misogynistic harassment could become a criminal offence as part of proposals aimed at providing greater protection for women and girls in Scotland.

A consultation has been launched on the draft reforms, which would create five new laws to provide police and prosecutors with new powers to tackle the corrosive effects of misogyny.

The proposals are based on the recommendations made by the Working Group on Misogyny led by Baroness Kennedy. This concluded that the harmful effects of misogyny meant women and girls required new  protection through the criminal law.

Under the proposals, the scope of how current laws tackle misogynistic abuse would be expanded to include threatening, abusive or sexual behaviour directed towards women or girls – because of their gender– which is likely to cause them to feel degradation, humiliation or distress.

It would also be used to tackle situations where women or girls are subjected to threatening or abusive messages about rape, sexual assault or disfigurement – either in person, or online.

Justice Secretary Keith Brown said: “Baroness Kennedy’s report was stark in its assessment of the level of misogyny that exists in Scotland. Women and girls are routinely humiliated, touched, groped, undermined, trolled and objectified both online and off, and subjected to threats, harassment and abuse about their looks or desirability – stopping them from fully participating in society.

“Although there are already a range of laws that can be used to prosecute aspects of misogynistic harassment and abuse, these do not accurately identify the particular harm caused by misogyny. They also fail to adequately respond to problems faced by women, which is why we are consulting on further criminal reforms. 

“And while criminal law reform alone cannot be expected to eliminate misogynistic abuse, or the attitudes which perpetuate it, these specific criminal protections are an important step in challenging society’s – and particularly men’s – tolerance of misogyny. I encourage everyone with an interest to consider what is proposed and offer their views.”

Baroness Helena Kennedy KC said: “ I strongly encourage as many women as possible to participate in this consultation.

“For too long the law has not been drawn from the experience of women. It is time to hear from girls and women about what they think should be included in law so that they can be treated as equals and live free from abuse and denigration.” 

The consultation will run from 8 March to 2 June 2023. 

Take part in the consultation. 

The five new proposed criminal laws are:

  • An offence of misogynistic harassment. This would make it a criminal offence for a person to behave in a way that amounts to misogynistic harassment directed at a woman or girl or group of women and girls.
  • An offence of misogynistic behaviour. Intended to deal with misogynistic behaviour which is likely to have the effecting of causing a woman or girl to experience fear, alarm, degradation, humiliation or distress where that behaviour is not directed at a specific woman or girl (or group of women and girls) and so could not be described as ‘harassment’.
  • A statutory aggravation concerning misogyny. This would be used where an offence had a misogynistic motive or a person demonstrates misogyny whilst committing a crime. The statutory aggravation would ensure that this motive is recorded and taken into account when sentencing.
  • An offence of threatening or abusive communications to women or girls that reference rape, sexual assault or disfigurement. This offence criminalises sending an abusive message to a woman or girl that refers to rape, sexual assault or disfigurement
  • An offence of stirring up hatred against women and girls. This offence is concerned with the effect that the behaviour may be likely to have on the people in whom the perpetrator is seeking to stir up hatred of women and girls.

Making a drama out of a comedy: Pleasance, Sadowitz and free speech

WAS THE PLEASANCE RIGHT TO CANCEL SECOND SADOWICZ SHOW?

THE ROW over the cancellation of Jerry Sadowwitz’s show at the EICC shows no sign of abating.

The Pleasance axed the controversial comedian’s second show at the venue following ‘an unprecedented number of complaints’. Pleasance chose not to go into further detail about the nature of the complaints following the cancellation of Saturday’s show.

However in a further statement yesterday, The Pleasance said: “We became immediately aware of content that was considered, among other things, extreme in its racism, sexism, homophobia and misogyny.

“We will not associate with content which attacks people’s dignity and the language used on stage was, in our view, completely unacceptable.

“We received an unprecedented number of complaints that could not be ignored and we had a duty to respond.”

Late last night Sadowicz, a veteran of the Edinburgh Fringe, tweeted:

It seems incredible that any Scottish venue would be unaware of the controversial nature of Jerry Sadowitz’s humour – it’s not as if he’s some unknown new kid on the block!

If Jerry Sadowitz’s brand of humour ‘does not align with the Pleasance values’ why book him in the first place?

New poll finds 7 in 10 adults want social media firms to do more to tackle harmful content

Ipsos study finds over 4 in 5 adults are concerned about harmful content online

  • 68 per cent want more action from social media firms on racism, homophobia and misogyny on their platforms
  • Comes as the Online Safety Bill moves to Report Stage in the House of Commons this week

A clear majority of the public want social media companies to do more to protect their users from harmful content, according to new research published today.

Polling by Ipsos shows over four in five (84 per cent) adults in the UK are concerned about seeing harmful content – such as racism, misogyny, homophobia and content that encourages self-harm – with two in five (38 per cent) reporting having seen it in the last month. This comes as the Online Safety Bill moves to Report Stage in Parliament this week.

The government commissioned study found strong public support for the measures contained in the Bill. For instance, seven in ten adults (68 per cent) believe social media companies should do more to protect people online.

Four in five adults (78 per cent) want social media companies to be clear about what sort of content is and isn’t allowed on their platform.

In a stark warning to social media companies, 45 per cent of respondents also said they will leave or reduce the amount of time they spend on their platforms if they see no action.

Digital Secretary Nadine Dorries said: “Online abuse has a devastating impact on people’s lives, and these findings definitively show the public back our plans which will force social media companies to step up in keeping their users safe.

“It is clear people across the UK are worried about this issue, and as our landmark Online Safety Bill reaches the next crucial stage in Parliament we’re a big step closer to holding tech giants to account and making the internet safer for everyone in our country.”

The survey also found that women have high levels of concern about legal but harmful content, with 45 per cent feeling unsafe when talking to people on dating or messaging apps.

Most women (65 per cent) agree there should be limits to the types of content people can post online. Nearly half (47 per cent) of those living in households with at least one child report having seen abusive content in the last month.

The safety of women and girls across the country is a top priority. The measures we’re introducing through the Online Safety Bill will mean tech companies have to tackle illegal content and activity on their services, women will have more control over who can communicate with them and what kind of content they see on major platforms, and they will be better able to report abuse.

In addition, we are continuing to implement our Tackling Violence Against Women and Girls (VAWG) strategy to bring about real and lasting change offline as well as online.

The Online Safety Bill was introduced to Parliament in March and is a major milestone in the government’s mission to make the UK the safest place in the world to be online. The new laws will protect children, tackle illegal content and protect free speech, as well as requiring social media platforms to uphold their stated terms and conditions.

If they don’t, the regulator Ofcom will work with platforms to ensure they comply and will have the power to fine companies up to ten per cent of their annual global turnover – which could reach billions of pounds – to force them to fulfil their responsibilities or even block non-compliant sites.

When the Bill comes into force, firms will be required to identify and implement solutions to protect their users. Firms hosting content that is harmful to children such as pornography, will have to prevent them from accessing it, for example by using age verification.

Social media platforms will also be required to safeguard people’s free speech, and their access to journalism and content that is democratically important. The poll follows the announcement of a series of amendments to the Bill last week to strengthen protections for freedom of speech, including tougher protections to guard against the arbitrary removal of articles from recognised news outlets shared on social media.

Last week the government published the list of legal but harmful content social media companies will need to address under the Online Safety Bill.

The categories consist of types of online abuse and harassment which can fall below the threshold of a criminal offence, but which still cause significant harm to adults online such as misogyny, homophobia and content that encourages self-harm.

This threshold is important to ensure that the online safety framework focuses on content and activity which poses the most significant risk of harm to UK users online. 

Free speech within the law can involve the expression of views that some may find offensive, but a line is crossed when disagreement mutates into abuse or harassment, which refuses to tolerate other opinions and seeks to deprive others from exercising their free speech and freedom of association.

Hate crime: misogyny comes under the spotlight

Legislative option to form part of forthcoming public consultation

Ministers will consult on how the criminal law might be strengthened as part of efforts to tackle misogynistic behaviour, Cabinet Secretary for Justice Humza Yousaf has announced.

Mr Yousaf said a forthcoming consultation focusing on updating and consolidating Scotland’s hate crime laws will include consideration as to what measures may be needed to better tackle gender-based violence, including misogyny.

Mr Yousaf (above) said: “The Scottish Government is working with a range of partners – through education, legislation and enforcement – to tackle violence against women and girls, including challenging unacceptable attitudes and harmful behaviour.

“We must guard against a pervasive misogyny which, unchecked, impacts on the wider health, wellbeing and safety of our communities – breeding a culture where this type of harm is tolerated – sometimes even condoned – and as a result is allowed to continue.

“So there is a clear need for continued action to be taken to tackle gender-based prejudice and misogyny in Scotland, although there are different views on the specific actions needed.

“We will be consulting later this year on Lord Bracadale’s recommendations for necessary reform to Scotland’s hate crime legislation. We will keep an open mind on the best way to address behaviour motivated by misogyny, including the possibility of new criminal law measures.

“The consultation will be launched in November and will seek views on a number of options, including an aggravation based on gender hostility as proposed by Lord Bracadale. But we will also ask whether, separately, a specific offence targeting misogynistic behaviour could be an effective step in addressing this form of behaviour and the damage it does.”

Lord Bracadale was appointed by the Scottish Government to review hate crime legislation in Scotland and to consider whether existing laws represent the most effective approach for the justice system to deal with criminal conduct motivated by hatred, malice, ill-will or prejudice.  On 31 May Lord Bracadale published his review report and recommendations which included consolidation of hate crime legislation and the addition of gender and age hostility aggravations.

Current hate crime legislation allows any existing offence to be aggravated by prejudice in respect of one or more of the protected characteristics of race, religion, disability, sexual orientation and transgender identity. Where a person is convicted of an offence with a statutory aggravation in respect of a protected characteristic it will be recorded and taken into account in sentencing.  In addition, there are some stand-alone offences too.

A number of organisations have called for the development of a standalone offence for misogyny to tackle the unique features of violence and harassment against women. They take the view that adding a statutory aggregation for gender hostility will not be helpful in tackling misogynistic behaviour.

The Scottish Government has accepted Lord Bracadale’s recommendation to consolidate all Scottish hate crime legislation into one new hate crime statute and will use his report and recommendations as the basis for consulting on the detail of what should be included in a new hate crime bill. This will include considering how best to tackle misogyny in Scotland.

The United Nations has defined violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or in private life.”

Read further information about Scottish Government work with partners to tackle violence against women and girls.