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」

JK罗琳。（路透资料照片）

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

苏格兰仇恨犯罪法生效 遭批箝制言论自由

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.

一项锁定仇恨言论的全面性法律周一在苏格兰生效，承诺防止威胁和辱骂，但该法引发批评，称可能对言论自由产生寒蝉效应。

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.”

苏格兰议会2021年通过这项法律，扩大保护边缘群体，并设立新罪名「煽动仇恨」，将「一个理性的人认为是威胁、辱骂和侮辱」的沟通和行为定为刑事犯罪。

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

被定罪可能处以罚金和最高七年监禁。

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.

法律定义的受保护群体，包括年龄、身心障碍、宗教、性别定位和跨性别认同。种族仇恨被排除，因为已被1986年的一项法律涵盖。新法也没有将女性纳入受保护群体；一个政府小组已建议透过单独立法处理厌女症。

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」作者罗琳因其性别认同言论被批评为恐跨性别者，她说，这项法律「非常容易被维权人士滥用」，并质疑该法遗漏女性。

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.”

居住在苏格兰爱丁堡的罗琳，周一在一篇社群媒体长篇贴文写道，苏格兰议会「更重视男性展现他们对女性观点的感受，无论是厌女的还是投机的，而非实际的妇女和女孩的权利与自由」。

“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.”

她补充说：「我目前在国外，但如果根据新法的条款，我写在这里的内容构成犯罪；我期待在我回到苏格兰启蒙运动发源地时被捕。」

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

苏格兰警方周二表示，尽管罗琳的贴文引起民众投诉，但她不会面临刑事指控。

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.

这项新法长久以来受到苏格兰首席大臣尤沙夫支持。尤沙夫周一直接被问及罗琳和其他反对新法者的言论。

“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.”

尤沙夫告诉天空新闻，「决定是否犯罪的不是推特警察，不是维权人士，不是媒体，幸亏也不是政治人物」。他称这将「交由警方和官方认定，构成犯罪的门槛会非常高」。

文／Sopan Deb 译／罗方妤